Motion Granted; Vacated and Remanded and Memorandum Opinion filed January 26, 2012.

In The Fourteenth Court of Appeals ____________ NO. 14-11-00907-CV ____________ PAUL PENDERGRASS d/b/a CHRISTIAN BROTHERS CONTRACTING, Appellant V. JOSEPH MORROW, Appellee

On Appeal from the County Civil Court at Law No. 2 Harris County, Texas Trial Court Cause No. 968606

MEMORANDUM OPINION This is a restricted appeal from a default judgment signed April 14, 2011. On January 18, 2012, the parties filed a joint motion to set aside the trial court’s judgment and remand the cause to the trial court for rendition of a judgment in conformity with the parties’ settlement agreement. See TEX. R. APP. P. 42.1(a)(2). The motion is granted.

Accordingly, the judgment is set aside without regard to the merits and the cause is remanded to the trial court for rendition of a judgment in accordance with the settlement agreement entered into by the parties. Each party shall bear its costs incurred.

PER CURIAM

Panel consists of Justices Frost, Brown, and Christopher.