MEMORANDUM OPINION No. 04-09-00766-CV Elsa Chavana GUAJARDO and R. Stephen McNally, Appellants v. Ricardo CHAVANA, III, Appellee v. Gloria Chavana Garcia, Intervenor From the County Court At Law No. 1, Webb County, Texas Trial Court No. 10,089 Honorable Alvino (Ben) Morales, Judge Presiding PER CURIAM Sitting: Phylis J. Speedlin, Justice Rebecca Simmons, Justice Steven C. Hilbig, Justice Delivered and Filed: May 4, 2011 VACATED AND REMANDED The parties have filed an agreed motion requesting that we set aside the trial court’s judgment without consideration of the merits, and remand the case to the trial court for rendition of judgment in accordance with the settlement agreement reached by the parties which resolves all issues among them involved in this appeal. The motion is granted. Without consideration of 04-09-00766-CV

the merits, we vacate the trial court’s judgment and remand the case to the trial court for rendition of judgment in accordance with the parties’ settlement agreement. TEX. R. APP. P. 42.1(a)(2)(B); Caballero v. Heart of Tex. Pizza, L.L.C., 70 S.W.3d 180, 181 (Tex. App.—San Antonio 2001, no pet.). Costs of appeal are taxed against the party incurring same.

PER CURIAM

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