Jacob P. Vigil, M. D. v. Salvador Montero, Individually and as Independent Administrator of the Estate of Sara Montero, Deceased, and on Behalf of all Statutory Wrongful Death Beneficiaries of Sara Montero, Deceased--Appeal from 34th District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

JACOB P. VIGIL, M.D., )

)

Appellant, ) No. 08-05-00336-CV

)

v. ) Appeal from the

)

SALVADOR MONTERO, Indivdually And As ) 34th District Court

Administrator Of The Estate of SARA )

MONTERO, Deceased, And On Behalf Of All ) of El Paso County, Texas

Statutory Wrongful Death Beneficiaries of )

SARA MONTER, Deceased, ) (TC# 98-1293)

)

Appellees. )

O P I N I O N

Pending before the Court is a joint motion to remand, requesting that this

Court remand the case to the trial court for rendition of judgment in accordance with the parties= compromise and settlement agreement. See Tex.R.App.P. 42.1(a)(2)(B).

On October 18, 2005, this Court referred the parties to mediation pursuant to Tex.Civ.Prac.&Rem.Code Ann. ' 154.021, et. seq. A mediation was held on November 22, 2005, but the case did not settled during the mediation. However, the parties represent that since mediation, the parties have continued discussions and negotiations of the matter and have now reached an agreement compromising and settling the underlying claim. The Court has considered this cause on the parties= motion and concludes the motion should be GRANTED.

Accordingly, we set aside the trial court=s judgment without regard to the merits and remand this cause to the trial court for rendition of judgment in accordance with the parties= compromise and settlement agreement.

April 13, 2006

DAVID WELLINGTON CHEW, Justice

Before Barajas, C.J., McClure, and Chew, JJ.