Motion Granted; Vacated and Remanded, and Memorandum Opinion filed February 14, 2012.

In The Fourteenth Court of Appeals ____________ NO. 14-11-00793-CV ____________ AGILITY PROJECT LOGISTICS, INC., Appellant V. CONTRACTORS CARGO COMPANY, Appellee

On Appeal from the 189th District Court Harris County, Texas Trial Court Cause No. 2011-22108

MEMORANDUM OPINION This is an appeal from a default judgment signed July 15, 2012. On October 6, 2011, this court ordered the parties to mediate the case. On February 2, 2012, the parties filed a joint motion to dismiss the appeal and vacate the underlying judgment because they have settled the case. See Tex. R. App. P. 42.1. The motion is granted.

Accordingly, the appeal is ordered dismissed with prejudice. We order the cause remanded to the trial court with instructions to vacate the default judgment signed July 15, 2011, dismiss all claims with prejudice, and order costs taxed against the party incurring the same.

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Jamison and McCally.