NUMBER 13-10-00464-CV

                                 COURT OF APPEALS

                     THIRTEENTH DISTRICT OF TEXAS

                         CORPUS CHRISTI - EDINBURG

HIGHWAY TECHNOLOGIES, INC. AND

ISAIAS GUTIERREZ RAMIREZ,                                                Appellants,

                                                             v.

ROSE BARNETT AND JERRY BARNETT,                               Appellees.

                     On appeal from the County Court at Law No. 4

                                       of Nueces County, Texas.

                               MEMORANDUM OPINION

                      Before Justices Garza, Benavides, and Vela

Memorandum Opinion Per Curiam

On September 23, 2010, this appeal was abated to allow the parties the opportunity to finalize settlement.  This case is before the Court on an agreed motion to lift abatement and vacate the trial court’s judgment in accordance with the parties’ settlement agreement.  The parties have reached an agreement with regard to the disposition of the matters currently on appeal.  Pursuant to the agreement, the parties request this Court to vacate the trial court=s judgment and remand this case to the trial court with instructions to dismiss the case with prejudice in accordance with the parties’ settlement agreement.

The agreed motion to lift abatement and vacate the trial court’s judgment in accordance with the parties’ settlement agreement is GRANTED.  The appeal is hereby REINSTATED.  Accordingly, we vacate the trial court=s judgment without regard to the merits, and REMAND this case to the trial court with instructions to dismiss the case with prejudice in accordance with the parties’ settlement agreement.  See Tex. R. App. P. 42.1(a)(2)(B). 

Costs will be taxed against appellants. See Tex. R. App. P. 42.1(d) ("Absent agreement of the parties, the court will tax costs against the appellant."). 

PER CURIAM

Delivered and filed the

13th day of January, 2011.