COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

MEMORANDUM OPINION

Pending before the Court is Appellant’s motion to resolve the appeal in accordance with the parties’ agreement as permitted by Tex. R. App. P. 42.1(a)(2).  Accordingly, we grant the motion and set aside the judgment of the trial court and remand the cause for entry of an agreed judgment pursuant to the terms of the parties’ settlement agreement.  Pursuant to Rule 42.1(d), costs are taxed against Appellant.  See Tex. R. App. P. 42.1(d).

                                                                        GUADALUPE RIVERA, Justice

November 7, 2012

Before McClure, C.J., Rivera, J., and Antcliff, J.