The appellant, Tegrity Contractors, Inc., and the appellees, B and B Concrete Construction, Inc. and Redwine Enterprises, Inc. a/k/a Redwine Construction, filed a joint motion to set aside the trial court's judgment and to remand for entry of judgment. The parties allege they have reached a settlement agreement and ask the Court to set aside the judgment of the trial court without regard to the merits and remand the case to the trial court for rendition of judgment in accordance with the parties' agreement. See Tex. R. App. P. 42.1(a)(2)(B). The motion is voluntarily made by the parties prior to any decision of this Court. See Tex. R. App. P. 42.1(a)(2). No other party filed notice of appeal.

We grant the joint motion to set aside the judgment and for remand to the trial court for entry of judgment. Accordingly, we vacate the judgment of the trial court without reference to the merits and remand the case to the trial court for rendition of judgment in accordance with the agreement of the parties.

VACATED AND REMANDED.

_______________________________

HOLLIS HORTON

Justice

Opinion Delivered November 19, 2009

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