Opinion issued May 7, 2009
In The
Court of Appeals
For The
First District of Texas
____________
NO. 01-08-00152-CV
____________
THE CITY OF HOUSTON, Appellant
V.
SOUTHERN ELECTRICAL SERVICES, INC., AS ASSIGNEE OF CADDELL CONSTRUCTION CO., INC., AND CADDELL CONSTRUCTION CO., INC., Appellees
On Appeal from the 165th Judicial District Court
Harris County, Texas
Trial Court Cause No. 2005-41564
MEMORANDUM OPINION
Appellant, the City of Houston, and appellees, Southern Electrical Services, Inc., as Assignee of Caddell Construction Co., Inc., and Caddell Construction Co., Inc., have filed an agreed motion in which the parties ask this Court to remand the case to the trial court without regard to the merits so that the parties may effectuate the terms of their settlement agreement. See Tex. R. App. P. 42.1(a)(2). We grant the motion, 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 the parties' agreement. Pursuant to the parties' agreed motion, all costs of this appeal will be taxed to the party incurring the same.
It is so ORDERED.
Terry Jennings
Justice
Panel consists of Justices Taft, Jennings, and Bland.