Opinion issued May 26, 2011

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-10-00763-CV

____________

WAL-MART STORES, INC., Appellant

V.

NITRA GIPSON, Appellee

On Appeal from the 127th District Court

Harris County, Texas

Trial Court Cause No. 2008–35486

MEMORANDUM OPINION

          The parties have filed a joint motion to dismiss the appeal.  They represent that they have reached an agreement to settle this matter and request that we set aside the trial court’s judgment without regard to the merits and remand the case to the trial court for rendition of judgment in accordance with the parties’ agreement.  See Tex. R. App. P. 42.1(a)(2)(B).

Accordingly, we grant the motion, set aside the trial court’s judgment without regard to the merits, and remand this cause to the trial court for rendition of judgment in accordance with the parties’ agreement.  See id. 

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 Jennings, Keyes, and Higley.