M E M O R A N D U M O P I N I O N

The parties have filed a motion stating that they have reached a settlement agreement and do not wish to pursue the appeal. We therefore set aside the trial court's judgment and remand the cause to the trial court for entry of a judgment that comports with the parties' agreement. Tex. R. App. P. 42.1(a)(2)(B).

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David Puryear, Justice

Before Justices Patterson, Puryear and Pemberton

Vacated and Remanded

Filed: December 18, 2009