IN THE TENTH COURT OF APPEALS No. 10-10-00042-CV CITY OF GLENN HEIGHTS, TEXAS, Appellant v. BILL BEARDEN, Appellee

From the 40th District Court Ellis County, Texas Trial Court No. 77669

MEMORANDUM OPINION

The parties have filed an “Agreed Motion to Vacate Judgment of the Trial Court and Dismiss the Appeal,” which states that they have settled the dispute underlying this appeal. The parties ask us to vacate the judgment of the trial court, dismiss the appeal, and remand the case to the trial court for further proceedings related to dismissal of the underlying case in accordance with the parties’ agreement. See TEX. R. APP. P. 42.1(a)(2)(B).

The agreed motion is granted. Accordingly, we set aside the trial court’s judgment without regard to the merits, dismiss this appeal, and remand the case to the trial court for further proceedings related to dismissal of the underlying case in accordance with the parties’ agreement.

REX D. DAVIS Justice Before Chief Justice Gray, Justice Reyna, and Justice Davis Motion granted; judgment set aside; appeal dismissed and case remanded Opinion delivered and filed May 19, 2010 [CV06]

City of Glenn Heights v. Bearden Page 2