Mark Vanham v. Jay Harpole, Don Laffere, EEW Fund, L.P., Ken Whitten, Swinney Family Partnership, LP, and Ted Swinney

MEMORANDUM OPINION

No. 04-11-00602-CV

Mark VANHAM,

Appellant v.

Jay HARPOLE, Don Laffere, EEW Fund, L.P., Ken Whitten, Swinney Family Partnership, LP, and Ted Swinney,

Appellees

From the 38th Judicial District Court, Uvalde County, Texas Trial Court No. 2008-10-26670-CV

Honorable Stephen B. Ables, Judge Presiding PER CURIAM

Sitting: Catherine Stone, Chief Justice

Steven C. Hilbig, Justice

Marialyn Barnard, Justice

Delivered and Filed: February 8, 2012

JOINT MOTION TO SET ASIDE AND REMAND GRANTED; SET ASIDE AND

REMANDED

The parties have filed a joint motion stating they have fully resolved and settled all issues in dispute. The parties ask that we set aside the trial court’s judgment without regard to the merits and remand the cause to the trial court for rendition of judgment in accordance with the settlement agreement. See TEX. R. APP. P. 42.1(a)(2)(B). The parties have agreed that each party will bear its own costs.

We grant the motion. 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 of judgment in accordance with the parties’ agreements. The costs of this appeal shall be borne by the party that incurred them.

PER CURIAM