COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-09-00417-CV

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FROM THE 96th District Court OF Tarrant COUNTY

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MEMORANDUM OPINION[1]

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Before the court is the parties’ “Joint Motion to Remand Due to Settlement.”  The motion is granted.  Accordingly, we withdraw our opinion and judgment of September 30, 2010; vacate the trial court’s October 27, 2009 judgment without regard for the merits; and remand this case to the trial court for rendition of judgment in accordance with the parties’ rule 11 agreement.  See Tex. R. App. P. 42.1(a)(2)(B); Tex. R. Civ. P. 11.  Costs of this appeal shall be paid according to the parties’ agreement.  See generally Tex. R. App. P. 42.1(d).

ANNE GARDNER
JUSTICE

PANEL:  GARDNER and MCCOY, JJ.; and DIXON W. HOLMAN (Senior Justice, Retired, Sitting by Assignment)

DELIVERED:  January 13, 2011