NUMBER 13-05-00445-CV

RTC PROPERTIES II, LTD., Appellee.

The parties have filed a joint motion to set aside the trial court's judgment without reference to the merits and to remand this cause to the trial court to enter an agreed dismissal. According to this motion, the parties have compromised and settled their dispute.

The Court, having examined and fully considered the joint motion, is of the opinion that the parties have shown themselves entitled to the relief sought. Accordingly, we GRANT the joint motion and: (1) set aside the trial court's judgment without reference to the merits; (2) assess costs to the party incurring same; (3) remand to the trial court for entry of an agreed order of dismissal; and (4) release Aarcher, Inc. and its surety, Fidelity and Deposit Company of Maryland, from the supersedeas bond filed in connection with this appeal. See Tex. R. App. P. 42.1(a)(2)(B).

PER CURIAM

Memorandum Opinion delivered and filed

this the 23rd day of April, 2009.

1. Retired Fourteenth Court of Appeals Justice Don Wittig assigned to this Court by the Chief Justice of the Supreme Court of Texas pursuant to the government code. See Tex. Gov't Code Ann. § 74.003 (Vernon 2005).