COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-14-00323-CV

CHESAPEAKE OPERATING, INC. APPELLANT V. SAMUEL CROWDER AND JANE APPELLEES CROWDER

------------ FROM COUNTY COURT AT LAW NO. 3 OF TARRANT COUNTY TRIAL COURT NO. 2011-008169-3 ------------ MEMORANDUM OPINION1 AND JUDGMENT ------------ We have considered the “Joint Motion To Set Aside Judgment Of The Trial Court And Remand For Dismissal Pursuant To Settlement Agreement” filed by the parties. We construe this motion as a motion for voluntary dismissal of this appeal. See Tex. R. App. P. 42.1(a)(2)(B). It is the court’s opinion that the

See Tex. R. App. P. 47.4. motion should be granted; therefore, we set aside the trial court’s judgment without regard to the merits and remand this case to the trial court to render judgment in accordance with the parties’ agreement. See id.; Innovative Office Sys., Inc. v. Johnson, 911 S.W.2d 387, 388 (Tex. 1995) (order).

PER CURIAM PANEL: WALKER, MEIER, and GABRIEL, JJ.

DELIVERED: December 4, 2014