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MEMORANDUM OPINION No. 04-08-00383-CV TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant/Cross-Appellee v. Julian TORRES, III, Appellee/Cross-Appellant From the 229th Judicial District Court, Starr County, Texas Trial Court No. DC-05-98 Honorable Alex W. Gabert, Judge Presiding PER CURIAM Sitting: Phylis J. Speedlin, Justice Rebecca Simmons, Justice Steven C. Hilbig, Justice Delivered and Filed: December 17, 2008 REVERSED and REMANDED The parties have filed a “Joint Motion to Set Aside and Remand” stating they have reached a settlement, and requesting that we set aside the trial court’s judgment without regard to the merits and remand the cause to the trial court for further proceedings in accordance with the parties’s settlement agreement. The motion is granted. The judgment of the trial court signed on March 12, 2008 is reversed, and the cause is remanded to the trial court for further proceedings. See TEX . R. APP . P. 42.1(a)(2)(B), 43.2(d). Costs of appeal are taxed against the parties who have incurred them.

PER CURIAM