Carole O. Kotz v. Jeff Baker and Kathleen Smith, heirs of Bill J. Baker, Deceased; Bill J. Baker, Inc., a Texas Corporation; Evelyn M. Smith; Bill Eve Realty, Inc.; and James Townsend--Appeal from 166th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-05-00937-CV

Carole O. KOTZ,

Appellant

v.

Jeff BAKER, et al. ,

Appellees

From the 166th Judicial District Court, Bexar County, Texas

Trial Court No. 2002-CI-10424

Honorable David A. Berchelmann, Jr. , Judge Presiding

PER CURIAM

Sitting: Alma L. L pez , Chief Justice

Catherine Stone , Justice

Sandee Bryan Marion , Justice

Delivered and Filed: September 27, 2006

JOINT MOTION GRANTED IN PART; JUDGMENT SET ASIDE AND CAUSE REMANDED

The parties have filed a Joint Motion to Dismiss Appeal, stating that the parties reached a settlement agreement resolving the matters pending before this court on appeal. The parties request that we dismiss the appeal and remand the cause for the entry of a judgment in accordance with the parties' settlement agreement. An appellate court is not authorized to dismiss an appeal and remand the cause for further proceedings. In re Guardianship of Panza, No. 04-04-00378-CV, 2004 WL 2290245, at *1 (Tex. App.--San Antonio Oct. 13, 2004, no pet.); see also Superwire Communications, Inc. v. TBF Financial, L.L.C., No. 05-05-001235-CV, 2006 WL 401210, at *1 (Tex. App.--Dallas Feb. 22, 2006, no pet.); Lui v. Int'l Bus. Machines Corp., No. 01-05-00742-CV, 2005 WL 2850332, at *1 (Tex. App.--Houston [1st Dist.] Oct. 27, 2005, no pet.); Tex. R. App. P. 41.2, 43.2. Accordingly, we construe the motion as requesting that we "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 agreement signed by the parties. Tex. R. App. P. 41.2(a)(2)(B).

The motion, as construed, is granted. The trial court's judgment is set aside without regard to the merits, and the cause is remanded to the trial court for the rendition of judgment in accordance with the parties' agreement. If our understanding of the parties' request is in error, we invite the parties to file a motion for rehearing. Costs of the appeal are taxed against the parties who incurred them.

PER CURIAM