Opinion issued July 14, 2011.

In The

Court of Appeals

For The

First District of Texas

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NO. 01-11-00009-CV

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Remington Ranch GP, LLC, Appellant

V.

Summit Floors, Inc., Appellee

On Appeal from the 189th District Court

Harris County, Texas

MEMORANDUM OPINION

          This is an appeal from a judgment signed July 2, 2010.  On February 23, 2011, the parties filed their first amended joint motion to vacate the trial court judgment and remand, stating that the parties have settled the case and seeking dismissal pursuant to Texas Rule of Appellant Procedure 42.1(a)(2)(B).  Accordingly we set aside the trial court judgment without regard to the merits and remand the case for rendition of judgment in accordance with the parties’ agreement.  See Tex. R. App. P. 42.1(a)(2)(B).

          All pending motions are dismissed as moot.  The Clerk is directed to issue the mandate within 10 days of the date of this opinion.  See Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Justices Keyes, Higley, and Sharp.