MEMORANDUM OPINION
No. 04-06-00496-CV
Gary M. POENISCH,
Appellant
v.
Kathleen SMITH, Jeff Baker, Evelyn M. Smith, and Carole O. Kotz ,
Appellees
From the 73rd Judicial District Court, Bexar County, Texas
Trial Court No. 2006-CI-00456
Honorable David A. Berchelmann, Jr. , Judge Presiding
PER CURIAM
Sitting: Karen Angelini , Justice
Sandee Bryan Marion , Justice
Phylis J. Speedlin , Justice
Delivered and Filed: September 27, 2006
SET ASIDE AND REMANDED
The parties have filed a joint motion pursuant to Texas Rule of Appellate Procedure 42.1(a), asking that we remand this
cause to the trial court for entry of a judgment in accordance with the parties' settlement agreement. We grant the motion,
set aside the judgment of the trial court without regard to the merits, and remand the cause to the trial court for rendition of
a judgment in accordance with the agreements. See Tex. R. App. P. 42.1(a)(2)(B). Costs of appeal are taxed against the
party incurring same. See id. 42.1(d).
PER CURIAM