The appellant, Hospital Housekeeping Systems, Ltd., and the appellee, George Glenn Eddings, filed a joint motion to dismiss this appeal. The parties allege they have reached a settlement agreement and ask the Court to vacate the judgment of the trial court without regard to the merits. The motion is voluntarily made by the parties prior to any decision of this Court and should be granted. See Tex. R. App. P. 42.1(a)(2). No other party filed notice of appeal.

The joint motion to dismiss is granted. Accordingly, we vacate the judgment of the trial court without reference to the merits and dismiss the appeal.

JUDGMENT VACATED; APPEAL DISMISSED.

STEVE McKEITHEN

Chief Justice

Opinion Delivered November 6, 2008

Before McKeithen, C.J., Gaultney and Kreger, JJ.