Opinion issued October 23, 2008

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-08-00491-CV

____________

BARBARA C. WIGRYS, Appellant

V.

GLENN R. WIGRYS, SR., Appellee

On Appeal from the 247th District Court

Harris County, Texas

Trial Court Cause No. 2007-63385

MEMORANDUM OPINION

          The Court today considered the parties’ joint motion for voluntary dismissal. We grant the motion as follows. We ORDER that:

          (1)     the trial court’s judgment is set aside without regard to the merits. Tex. R. App. P. 42.1(a)(2)(B);

          (2)     the case is remanded to the trial court with instructions to render judgment in accordance with the settlement agreement;

          (3)     all other pending motions are overruled as moot.

          (4)     the Clerk of this Court is directed to issue mandate 10 days after the date of this opinion; Tex. R. App. P. 18.1; and

          (5)     the parties shall the costs they incurred by reason of this appeal. Tex. R. App. P. 42.1(d).

                                                   PER CURIAM

Panel consists of Justices Taft, Keyes, and Alcala.