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MEMORANDUM OPINION No. 04-08-00833-CV Don BERGER (Former Hondo Police Chief) and Andy Chernak, in His Individual Capacity, Appellants v. James T. HOOTEN, Appellee From the 38th Judicial District Court, Medina County, Texas Trial Court No. 08-08-19086-CV Honorable Mickey Pennington, Judge Presiding PER CURIAM Sitting: Catherine Stone, Justice Karen Angelini, Justice Sandee Bryan Marion, 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, 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 (d). PER CURIAM