Court of Appeals Sixth Appellate District of Texas JUDGMENT

Guaranty Bond Bank, Appellant Appeal from the 5th District Court of Bowie County, Texas (Tr. Ct. No. 08C- No. 06-12-00112-CV v. 0323-005). Memorandum Opinion delivered by Justice Moseley, Chief Justice Jeff and Erica Fouche, et al., Appellees Morriss and Justice Carter participating.

As stated in the Court’s opinion of this date, we find that the joint motion of the parties to dismiss the appeal by agreement should be granted. Therefore, it is ordered that the judgment of the trial court below is set aside, and the cause is remanded to the trial court for the purpose of rendering a judgment in accord with the parties’ settlement agreement, and the appeal is dismissed.

We further order that each party shall bear its own costs of appeal.

RENDERED JANUARY 30, 2013 BY ORDER OF THE COURT JOSH R. MORRISS, III CHIEF JUSTICE ATTEST: Debra K. Autrey, Clerk