Opinion issued March 4, 2004
In The
Court of Appeals
For The
First District of Texas
____________
NO. 01-03-00760-CV
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AMERICAN GOLF CORPORATION AND SUGARLAND PROPERTIES INCORPORATED D/B/A SWEETWATER COUNTRY CLUB, Appellant
V.
JAMES ROBERT ALLEN, ROBERT ALLEN TREVINO, AND RICHARD E. TALBOT, Appellees
On Appeal from the 240th District Court
Fort Bend County, Texas
Trial Court Cause No. 113,959
MEMORANDUM OPINION
Appellant and appellee request this Court to vacate the trial court’s judgment and render judgment pursuant to their settlement agreement. We grant the motion in part and deny it in part.
We set aside the trial court’s judgment signed April 15, 2003, and remand the case to the trial court for rendition of judgment consistent with the parties’ settlement agreement. See Tex. R. App. P. 42.1(a)(2)(B).
Appellant and its surety are discharged from their liability on their supersedeas bond filed in the court below on July 23, 2003.
We dismiss this appeal with prejudice to its refiling and order each party to bear the costs incurred by them.
The Clerk is ordered to issue mandate immediately.
PER CURIAM
Panel consists of Justices Nuchia, Jennings, and Alcala.