McGrady Trucking Company a/k/a and d/b/a McGrady Trucking Co. and McGrady Trucking v. Amerisure Mutual Insurance Co.--Appeal from County Civil Court at Law No. 1 of Harris County

11th Court of Appeals

Eastland, Texas

Memorandum Opinion

McGrady Trucking Company a/k/a and d/b/a

McGrady Trucking Co. and McGrady Trucking

Appellant

Vs. No. 11-03-00208-CV B Appeal from Harris County

Amerisure Mutual Insurance Co.

Appellee

The parties have filed in this case an agreed motion. In their motion, the parties state that, according to appellee=s figures, the Areaudit@ has shown that appellant owes less than what was awarded in the judgment. Also in the motion, appellant states that it is not admitting to owing appellee any money. The parties ask that the cause be returned to the trial court for a trial on the merits. The parties also request that the receivership and master in chancery be dissolved.[1]

The motion is granted in part. The summary judgment signed May 19, 2003, is reversed, and the cause is remanded to the trial court for a trial on the merits per the agreement of the parties. The receivership and master in chancery is dissolved.

PER CURIAM

March 4, 2004

Not designated for publication. See TEX.R.APP.P. 47.2(a).

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.

[1]On October 31, 2003, the Texas Supreme Court consolidated the appeal from the receivership with the appeal from the summary judgment.