In The Court of Appeals Ninth District of Texas at Beaumont __________________ NO. 09-23-00079-CV __________________ GEORGE RUSSELL, THE ETHICIAN FOUNDATION A/K/A THE UNIVERSAL ETHICIAN FOUNDATION, AND THE ETHICIAN CHURCH, Appellants V. WATERWOOD IMPROVEMENT ASSOCIATION, INC., Appellee __________________________________________________________________ On Appeal from the 411th District Court San Jacinto County, Texas Trial Cause No. CV17,153 __________________________________________________________________ MEMORANDUM OPINION George Russell, The Ethician Foundation a/k/a The Universal Ethician Foundation, and The Ethician Church, Appellants, filed a notice of accelerated appeal of the denial of their motion to dismiss, which was overruled by operation of law. Before this Court issued an opinion, Waterwood Improvement Association, Inc., Appellee, filed an agreed motion to set aside the trial court’s interlocutory order

and remand the case to the trial court for dismissal of all claims in accordance with the parties’ settlement agreement.

We grant the agreed motion, set aside the trial court’s interlocutory order denying the motion to dismiss without reference to the merits, and remand the case to the trial court for dismissal of all claims in accordance with the parties’ settlement agreement. See Tex. R. App. P. 42.1(a)(2)(B).

VACATED AND REMANDED.

PER CURIAM Submitted on August 9, 2023 Opinion Delivered August 10, 2023 Before Golemon, C.J., Horton and Wright, JJ.