COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-14-00325-CV

DUX PETROLEUM, LLC APPELLANT V. ERW TRADING & APPELLEE TRANSPORTATION, LLC

------------ FROM THE 153RD DISTRICT COURT OF TARRANT COUNTY TRIAL COURT NO. 153-270478-14 ------------ MEMORANDUM OPINION 1 AND JUDGMENT ------------ We have considered the parties’ “Agreed Motion To Reverse And Set Aside Trial Court Judgment Without Regard To The Merits And Remand For Disposition In Accord With Agreement Of The Parties, And For Immediate Issuance Of Mandate.” It is the court’s opinion that the motion should be

See Tex. R. App. P. 47.4. 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 Tex. R. App. P. 42.1(a)(2)(B); Innovative Office Sys., Inc. v. Johnson, 911 S.W. 2d 387, 388 (Tex. 1995).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: GABRIEL, J.; LIVINGSTON, C.J.; and SUDDERTH, J.

DELIVERED: January 29, 2015