IN THE TENTH COURT OF APPEALS No. 10-14-00158-CV KAREN WEAVER AND STEPHEN WEAVER, Appellants v. ERIC HRBACEK AND BRIDGET HRBACEK, INDIVIDUALLY AND AS REPRESENTATIVES AND SOLE HEIRS OF THE ESTATE OF LOUISE HRBACEK, DECEASED, Appellees

From the County Court at Law Ellis County, Texas Trial Court No. 11-C-3336

MEMORANDUM OPINION

Appellants Karen and Stephen Weaver and Appellees Eric and Bridget Hrbacek have filed an “Agreed Motion to Reverse and Remand.” The parties state that they have “reached an agreement to settle this matter and have now effectuated all requirements of said settlement.” The parties therefore request that we reverse the trial court’s judgment and remand this matter to the trial court for dismissal in accordance with their settlement agreement.

We construe the parties’ motion as an agreement requesting this Court to set aside the trial court’s judgment without regard to the merits and to 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). The parties’ motion is granted. We set aside the trial court’s judgment without regard to the merits and remand this case to the trial court for rendition of judgment in accordance with the parties’ agreement.

REX D. DAVIS Justice Before Chief Justice Gray, Justice Davis, and Judge Oakes Evans1 Motion granted; remanded Opinion delivered and filed December 21, 2016 [CV06]

1The Honorable Deborah Oakes Evans, Judge of the 87th District Court, sitting by assignment of the Chief Justice of the Supreme Court of Texas under section 74.003(a) of the Government Code. See TEX. GOV’T CODE ANN. § 74.003(a).

Weaver v. Hrbacek Page 2