COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-12-00175-CV

MOTE RESOURCES, INC. AND APPELLANTS JOHN PHILLIP MOTE V. CHARLES T. GARDNER AND APPELLEES JANICE MARIE GARDNER

------------ FROM THE 271ST DISTRICT COURT OF WISE COUNTY TRIAL COURT NO. CV11-06-491 ------------ MEMORANDUM OPINION 1 AND JUDGMENT ------------ We have considered the “Joint Motion of Appellants and Appellees to Dispose of Appeal.” The motion is GRANTED. It is therefore ORDERED that the opinion and judgment of November 14, 2013 are withdrawn; the trial court’s judgment of April 3, 2012 is set aside without regard to its merits; and the case is See Tex. R. App. P. 47.4. remanded for rendition of a judgment in accordance with the parties’ settlement agreement. See Tex. R. App. P. 42.1(a)(2)(B), 43.2(d).

Costs of the appeal shall be paid by the party incurring the same, for which let execution issue. See Tex. R. App. P. 42.1(d).

PER CURIAM PANEL: LIVINGSTON, C.J.; MEIER and GABRIEL, JJ.

DELIVERED: July 24, 2014