APPELLANTS v. APPELLEE (2011)

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

MEMORANDUM OPINION ON REHEARING1

Appellants Carter & Burgess, Inc., and Carter & Burgess, Inc. d/b/a Jacobs Carter Burgess (collectively, Carter Burgess) filed an unopposed motion for rehearing and an agreed motion to withdraw our previous opinion and remand the case to the trial court.   The motion for rehearing is denied.   The motion to withdraw our opinion is granted.   We withdraw our opinion and judgment of March 24, 2011, and we substitute the following.

The parties in this case have reached a settlement.   In an effort to facilitate the parties' settlement, 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 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);  Bonney v. Scott, No. 2–08–00124–CV, 2009 WL 1905137 (Tex.App.—Fort Worth, Jul. 2, 2009, no pet.) (mem.op.).  Costs of this appeal shall be paid by the party incurring same, for which let execution issue.   See Tex.R.App. P. 43.4.

PANEL:  GARDNER, MEIER, and GABRIEL, JJ.

DELIVERED:  June 9, 2011

FOOTNOTES

FN1. See Tex.R.App. P. 47.4.  FN1. See Tex.R.App. P. 47.4