The appellant, Paula McDonald, as an heir of Michael Collier, deceased, and the appellee, Ellen McIntosh, filed a joint motion to dismiss this appeal. The parties allege they have reached a settlement agreement and ask the Court to vacate the judgment of the trial court and remand the case to the trial court for entry of a take-nothing judgment. The motion is voluntarily made by the parties prior to any decision of this Court. See Tex. R. App. P. 42.1(a)(2). We grant the motion, vacate the judgment of the trial court without regard to the merits and remand the case to the trial court for entry of a take-nothing judgment in favor of Paula McDonald.

VACATED AND REMANDED.

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CHARLES KREGER

Justice

Opinion Delivered February 26, 2009

Before Gaultney, Kreger, and Horton, JJ.