Opinion filed March 10, 2011

In The

Eleventh Court of Appeals __________ No. 11-09-00129-CV __________ HELLAS CONSTRUCTION, INC. V. EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES, L.P.

On Appeal from the 91st District Court Eastland County, Texas Trial Court Cause No. CV-06-40613

MEMORANDUM OPINION Appellant, Hellas Construction, Inc., and appellee, Eagle Construction and Environmental Services, L.P., have filed a joint motion to dismiss this appeal pursuant to TEX. R. APP. P. 42.1(a)(2). In the motion, the parties state that they “have reached an agreement to settle and compromise their differences” arising from the underlying litigation. The parties further request the court to set aside the trial court’s judgment without regard to the merits and remand the case to the trial court for rendition of judgment in accordance with the parties’ agreement pursuant to Rule 42.1(a)(2)(B).

Therefore, in accordance with the parties’ request, the trial court’s judgment is set aside, and this case is remanded to the trial court for further proceedings in accordance with the parties’ agreement.

The joint motion to dismiss is granted, and the appeal is dismissed.

PER CURIAM

March 10, 2011 Panel consists of: Wright, C.J., McCall, J., and Strange, J.