SET ASIDE AND REMANDED; Opinion Filed November 4, 2013.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00440-CV LONNIE CHARLES CHALMERS, Appellant V. CITY OF DALLAS POLICE DEPARTMENT, Appellee On Appeal from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. 10-14982 MEMORANDUM OPINION Before Justices Moseley, Lang, and Brown Opinion by Justice Lang Before the Court is the parties’ agreed motion to set aside the trial court’s judgment and remand the case to the trial court. The parties ask the Court to set aside the trial court’s judgment without regard to the merits and remand the case to the trial court for rendition of judgment in accordance with their agreement. We grant the parties’ motion, set aside the trial court’s judgment signed on January 10, 2013 without regard to the merits, and remand this case to the trial court for rendition of judgment in accordance with the parties’ agreement. See TEX. R. APP. P.42.1(a)(2)(B).

130440F.P05 /Douglas S. Lang/ DOUGLAS S. LANG JUSTICE S Court of Appeals Fifth District of Texas at Dallas JUDGMENT LONNIE CHARLES CHALMERS, On Appeal from the 191st Judicial District Appellant Court, Dallas County, Texas.

Trial Court Cause No. 10-14982.

No. 05-13-00440-CV V. Opinion delivered by Justice Lang. Justices Moseley and Brown, participating.

CITY OF DALLAS POLICE DEPARTMENT, Appellee In accordance with this Court’s opinion of this date, the judgment of the trial court is SET ASIDE and this case is REMANDED to the trial court for rendition of judgment in accordance with the parties’ agreement.

Subject to any agreement between the parties, it is ORDERED that the parties bear their own costs of this appeal.

Judgment entered this 4th day of November 4, 2013.

/Douglas S. Lang/ DOUGLAS S. LANG JUSTICE

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