SET ASIDE AND REMANDED: Opinion issued October 18, 2012.

In The Qnitrt uf Appia1 Fjffl! Thatrict tf xu at Jattw No. 05-1I-01392-CV

CHARLES “CHUCK” ORMAND WILLIAMS Ii AND CYNTHIA A. WILLiAMS, Appellants V. MS CONSTRUCTORS LLC D/B/A MONTY SM ITH COMPANY, Appellee

On Appeal from the 162nd Judicial District Court Dallas County, Texas Trial Court Cause No. 09-02226

MEMORANDUM OPINION Before Justices Moseley, Fillmore, and Myers Opinion By Justice Myers Before the Court is the parties’ joint motion to dismiss the appeal. The parties inform the Court that they have settled their differences. They ask that we set aside the trial court’s judgment and remand the case to the trial court for rendition of judgment in accordance with their settlement agreement.

We grant the parties’ motion. We set aside the trial court’s judgment without regard to the merits and remand the case to the trial court for the rendition of judgment in accordance with their settlement agreement. See TEx. R. Arp. P. 42.l(a)(2)(B).

LANA MYERS 1392F.P05 JUSTICE Qnitrt uf Appra1i .Fifth Ji!5tritt Uf Lixu zit JitLzui JUDGMENT CHAR L ES “C H UC K” 0 RM AND Appeal from the 162nd Judicial District Court WILLIAMS II AND CYNTHIA A. of 1)allas County. Texas. (Tr.Ct.No. 09- WILLIAMS, Appellants 02226).

Opinion delivered by Justice Myers, Justices No. 05-1 1-01392-CV V. Moseley and Fillmore, participating.

MS CONSTRUCTORS LLC 1)/B/A MONTY SMITH COMPANY, Appellec l3ased on the Court’s opinion of this date, the judgment of the trial court is SET ASIDE without regard to the merits and the case is REMANDED to the trial court for rendition ofjudgment in accordance with the parties’ settlement agreement.

Subject to any agreement of the parties regarding costs, it is ORDERED that appellee, MS Constructors LLC dib/a Monty Smith Company, recover its costs of the appeal from appellants, Charles “Chuck” Ormand Williams 11 and Cynthia A. Williams.

Judgment entered October 18, 2012.

LANA MYERS JUSTICE