Opinion issued June 10, 2010

In The

Court of Appeals

For The

First District of Texas

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NO. 01-09-00176-CV

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Sidney Johnson, Appellant

V.

Waller County, Waller-Harris Emergency services district no. 200, Waller Independent school district, and  City of Waller, Appellees

On Appeal from the 506th District Court

Waller County, Texas

MEMORANDUM OPINION

          The parties have reached an agreement with regard to the disposition of the matters currently on appeal.  The parties agree that Johnson is entitled to have the default judgment against him set aside and to have the trial court set his underlying tax suit for trial on the merits.  Pursuant to their agreement, the parties request that this Court remand this case to the trial court for rendition of a judgment in accordance with their agreement.

          Accordingly, we set aside the trial court’s judgment without regard to the merits and remand this case to the trial court for rendition of judgment in accordance with the parties’ agreement, i.e., vacating the summary judgment, setting aside the default judgment based on lack of service, and setting the case for trial on the merits.  See Tex. R. App. P. 42.1(a)(2)(B).

PER CURIAM

Panel consists of Chief Justice Radack and Justices Alcala and Massengale.