TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

ON MOTION FOR REHEARING

NO. 03-10-00607-CV

Robert M. McIntyre, Appellant v. Triple S. Petroleum Co., Appellee

FROM COUNTY COURT AT LAW NO. 2 OF TRAVIS COUNTY NO. C-1-CV-09-002077, HONORABLE ERIC SHEPPERD, JUDGE PRESIDING

MEMORANDUM OPINION

We withdraw our opinion and judgment of October 20, 2010, recall the earlier mandate, and substitute the following opinion in place of the previous one.

Appellant Robert M. McIntyre and appellee Triple S. Petroleum Co. have filed a joint motion for disposition of this appeal pursuant to the parties’ agreement. We grant the motion, set aside the trial court’s judgment without regard to the merits, and remand the cause to the trial court for rendition of judgment in accordance with the agreement. See Tex. R. App. P. 42.1(a)(2)(B). All other pending motions are dismissed as moot.

J. Woodfin Jones, Chief Justice Before Chief Justice Jones, Justices Puryear and Pemberton Vacated and Remanded on Joint Motion Filed: November 19, 2010