City of San Antonio v. Martin Marietta Materials Southwest, Ltd.--Appeal from 225th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-06-00515-CV
CITY OF SAN ANTONIO,

Appellant

v.

MARIETTA MATERIALS SOUTHWEST, LTD.,

Appellee
From the 225th Judicial District Court, Bexar County, Texas

Trial Court No. 2006-CI-10039

Honorable John D. Gabriel, Jr., Judge Presiding

PER CURIAM

Sitting: Sandee Bryan Marion , Justice

Phylis J. Speedlin, Justice

Rebecca Simmons, Justice

Delivered and Filed: February 14, 2007

JUDGMENT SET ASIDE AND REMANDED

The parties have filed a Joint Motion to Set Aside the Trial Court's Judgment and to Remand the Cause Pursuant to a Settlement Agreement, stating they have settled all issues in dispute. The parties ask that we set aside the trial court's judgment without regard to the merits and remand the cause to the trial court for entry of judgment in conformity with their settlement. The motion does not reflect any agreement regarding costs of this appeal. We GRANT the motion.

We set aside the trial court's judgment and remand for further proceedings. See Tex. R. App. P. 42.1(a)(2)(B).

PER CURIAM