ADRIEL CERVANTES v. ROSA HAYDEE CERVANTES (2017)

MEMORANDUM OPINION

Appellant, Adriel Cervantes, and appellee, Rosa Haydee Cervantes, have filed a notice of settlement and a joint motion 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 Mediated Settlement Agreement. See TEX. R. APP. P. 42.1(a)(2)(B). The parties further request that all costs be assessed against the party incurring the same and that this Court direct that the mandate be issued immediately. See id. 18.1(c), 42.1(d). No other party has filed a notice of appeal and no opinion has issued. See id. 42.1(a)(1), (c).

Accordingly, we grant the joint motion, set aside the trial court's judgment without regard to the merits, and remand this cause to the trial court for rendition of judgment in accordance with the parties' Mediated Settlement Agreement. See id. 42.1(a)(2)(B). We further direct that costs are to be taxed against the party who incurred the same and we direct the Clerk to issue the mandate immediately with this opinion. See id. 18.1(c), 42.1(d). We dismiss any other pending motions as moot.

PER CURIAM