IN THE TENTH COURT OF APPEALS No. 10-13-00148-CV SHA, LLC D/B/A FIRSTCARE, Appellant v. FIDELITY BENEFITS & INSURANCE SERVICES, LLLP, Appellee

From the 414th District Court McLennan County, Texas Trial Court No. 2009-891-5

MEMORANDUM OPINION The parties have filed an “Agreed Motion to Remand,” which states that they have reached a mediated resolution of all issues in this case and have since implemented their agreement. The parties ask us to set aside the judgment entered in this case without regard to the merits and remand the case to the trial court for further proceedings consistent with the parties’ resolution. See TEX. R. APP. P. 42.1(a)(2)(B). The parties further state that we may tax costs against the party incurring same.

The agreed motion is granted. Accordingly, we set aside the trial court’s judgment without regard to the merits and remand the case to the trial court for further proceedings in accordance with the parties’ agreement. Costs of this appeal are taxed against the party incurring same.

REX D. DAVIS Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins Motion granted; judgment set aside; cause remanded Opinion delivered and filed August 15, 2013 [CV06]

SHA, LLC v. Fidelity Benefits & Ins. Servs., LLLP Page 2