COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-09-00417-CV

PHILLIP THOMPSON APPELLANT V. JUDITH RODRIGUEZ APPELLEE

---------- FROM THE 96TH DISTRICT COURT OF TARRANT COUNTY ---------- MEMORANDUM OPINION1 ---------- 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

See Tex. R. App. P. 47.4.

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