MEMORANDUM OPINION No. 04-10-00426-CV Ramil JUMAO-AS, M.D., and InPatient Consultants of Texas, P.L.L.C., Appellants v. William ALLEN, Jr., Individually and on Behalf of the Estate of Mary Allen, Deceased, and as Next Friend of Marissa Allen, a Minor, and William Allen, III, Appellees From the 45th Judicial District Court, Bexar County, Texas Trial Court No. 2006-CI-14250 Honorable Gloria Saldaña, Judge Presiding PER CURIAM Sitting: Phylis J. Speedlin, Justice Rebecca Simmons, Justice Steven C. Hilbig, Justice Delivered and Filed: February 16, 2011 REVERSED AND REMANDED On November 23, 2010, we abated the appeal for 60 days so that the parties could finalize the settlement agreement reached during mediation. On January 26, 2011, the parties filed a joint motion stating that the settlement has been finalized, and asking that we reverse the trial court’s judgment dated March 5, 2010 without regard to the merits, and remand the cause to the trial court for the purpose of rendering an agreed take-nothing final judgment. See TEX. R. APP. P. 42.1(a)(2)(B); 43.2(d). The parties further request that we release obligations on the 04-10-00426-CV

supersedeas bond and direct the Clerk of this court to issue the mandate instanter. The parties have agreed that each party will bear its own appellate costs.

Accordingly, we order the abatement lifted and reinstate the appeal. We further grant the parties’ motion. The judgment of the trial court is reversed and the cause is remanded to the trial court for entry of a take-nothing judgment in accordance with the parties’ settlement agreement.

Costs of the appeal are taxed against the party incurring same. The obligations on the supersedeas bond are discharged.

The Clerk of this court is directed to issue the mandate in this appeal immediately. See TEX. R. APP. P. 18.1(c).

PER CURIAM

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