Opinion issued August 13, 2009

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-08-00982-CV

____________

SCOTT BADER, INC.; NATIONAL PIGMENTS & CHEMICALS, INC.; AND KERN & WOOLEY, L.L.P., Appellants

V.

SANDSTONE PRODUCTS, INC., Appellee

On Appeal from the 127th District Court

Harris County, Texas

Trial Court Cause No. 2002-27864

MEMORANDUM OPINION

          The Court today considered appellants’ motion to set aside the trial court’s Amended Judgment of December 30, 2008, without regard to the merits, and to remand the case to the trial court for rendition of judgment in accordance with the agreement of the parties. The motion is granted as follows:

          (1)     The trial court’s Amended Judgment of December 30, 2008, 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 agreement of the parties. Id.

          (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.

                                                   PER CURIAM

Panel consists of Justices Jennings, Alcala, and Higley.