Motion Granted; Dismissed, Vacated and Remanded; and Memorandum Opinion filed December 5, 2013.

In The Fourteenth Court of Appeals NO. 14-13-00049-CV ROBERT ARNOLD, Appellant V. CITY OF ORANGE, TEXAS, Appellee On Appeal from the 260th District Court Orange County, Texas Trial Court Cause No. D110312-C

MEMORANDUM OPINION This is an appeal from a summary judgment signed November 28, 2012. On November 27, 2013, the parties filed a joint motion to dismiss the appeal in order to effectuate a compromise and settlement agreement. See Tex. R. App. P. 42.1.

The parties ask that we set aside the trial court’s judgment without regard to the merits and remand the case to the trial court for entry of a non-suit in accordance with the parties’ agreement. See Tex. R. App. P. 42.1(a)(2)(B). The motion is granted.

Accordingly, the appeal is ordered dismissed. We order the trial court’s judgment set aside without regard to the merits, and we remand the cause to the trial court for entry of a non-suit in accordance with the parties’ agreement.

PER CURIAM

Panel consists of Justices McCally, Busby, and Wise.