IN THE

TENTH COURT OF APPEALS

No. 10-09-00356-CR

No. 10-09-00377-CR

Jere Kellough d/b/a ABC Bail Bonds,

                                                                                    Appellant

 v.

The State of Texas,

                                                                                    Appellee

From the 220th District Court

Bosque County, Texas

Trial Court Nos. 08-04-09808 BCCV and 08-04-09908-BCCV

            In a joint motion by Jere Kellough d/b/a ABC Bail Bonds and the State of Texas, the parties informed the Court that they have entered into an agreement to resolve these appeals.  Based on that agreement, the parties jointly request this Court to reverse the summary judgments entered by the trial court on July 28, 2009, in favor of the State and remand these cases to the trial court for further proceedings.

            The Rules of Appellate Procedure do not provide for such an action by this Court.  However, the rule most closely analogous to the parties’ request is Rule 42.1(a)(2)(B).  Tex. R. App. P. 42.1(a)(2)(B).  Accordingly, we set aside the trial court’s judgments dated July 28, 2009 without regard to the merits and remand these proceedings to the trial court for further proceedings in accordance with the parties’ agreement.  Id.

                                                                        TOM GRAY

                                                                        Chief Justice

Before Chief Justice Gray,

            Justice Reyna, and

            Justice Davis

Judgments set aside and remanded

Opinion delivered and filed March 10, 2010

Do not publish

[CV06]