Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-23-00775-CV PEPSICO, INC., Appellant v. ALERT SERVICES, INC., Appellee From the 131st Judicial District Court, Bexar County, Texas Trial Court No. 2019-CI-22292 Honorable Norma Gonzales, Judge Presiding PER CURIAM Sitting: Rebeca C. Martinez, Chief Justice Liza A. Rodriguez, Justice Lori I. Valenzuela, Justice Delivered and Filed: April 17, 2024 AGREED MOTION GRANTED; APPEAL DISMISSED The parties have filed an agreed motion stating they have reached a settlement agreement.

In the agreed motion, the parties ask us to set aside the trial court’s judgment without regard to the merits and remand the case to the trial court for rendition of judgment in accordance with their settlement agreement. See TEX. R. APP. P. 42.1(a)(2)(B). The parties further state they have agreed to the issuance of the mandate concurrently with our judgment. See id. R. 18.1(c).

We grant the parties’ agreed motion, set aside the trial court’s judgment without regard to the merits, remand the case to the trial court for rendition of judgment in accordance with the 04-23-00775-CV

parties’ settlement agreement, and dismiss the appeal. See id. R. 43.2(d),(f). We direct the clerk of this court to issue the mandate concurrently with our judgment. See id. R. 18.1(c).

PER CURIAM

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