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MEMORANDUM OPINION No. 04-08-00827-CV Don BERGER (Former Hondo Police Chief) and Andy Chernak, in His Individual Capacity, Appellants v. James T. HOOTEN, Appellee From the 73rd Judicial District Court, Bexar County, Texas Trial Court No. 2008-CI-12856 Honorable Andy Mireles, Judge Presiding PER CURIAM Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Phylis J. Speedlin, Justice Delivered and Filed: April 29, 2009 JOINT MOTION TO VACATE AND REMAND GRANTED; VACATED AND REMANDED The parties have filed a joint motion stating they have fully resolved and settled all issues in dispute. The parties ask that we vacate the trial court’s judgment and remand the cause to the trial court for rendition of judgment in accordance with the agreement of the parties. We grant the parties’ motion. The judgment of the trial court is therefore vacated without regard to the merits, and the cause is remanded to the trial court for rendition of judgment in accordance with the agreement of the parties. See TEX . R. APP . P. 42.1(a)(2)(B). Costs of appeal are assessed against the party who incurred them. See id. at 42.1(d).

PER CURIAM