COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

§ JOHN MICHAEL DUNCAN, No. 08-10-00309-CV § Appellant, Appeal from the § v. 126th Judicial District Court § THE STATE OF TEXAS, of Travis County, Texas § Appellee. (TC# D-1-GV-10-000555) §

MEMORANDUM OPINION Pending before the Court is a joint motion for reversal and remand to effectuate settlement. See TEX .R.APP .P. 42.1(a)(2). The motion is granted. The trial court’s garnishment judgment is reversed without regard to its merits, and the cause is remanded to the trial court for further proceedings in accordance with the parties’ settlement agreement. See TEX .R.APP .P. 42.1(a)(2)(B). Costs of appeal are assessed against Appellant. See TEX .R.APP .P. 42.1(d).

June 8, 2011 DAVID WELLINGTON CHEW, Chief Justice Before Chew, C.J., McClure, and Rivera, JJ.