Daphna Hotchkiss v. Tim and Melinda Alford--Appeal from 344th District Court of Chambers County

Opinion issued December 20, 2007

In The

Court of Appeals

For The

First District of Texas

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NO. 01-07-00936-CV

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DAPHNA HOTCHKISS, MARK NEAL, AND JAMIE NEAL, Appellants

V.

TIM ALFORD AND MELINDA ALFORD, Appellees

On Appeal from the 344th District Court

Chambers County, Texas

Trial Court Cause No. 20002

MEMORANDUM OPINION

On November 9, 2007, upon the parties agreed motion, this Court ordered the appeal abated and the cause referred to mediation. On December 13, 2007, the parties advised that their mediation has resulted in settlement, and they thus jointly moved to set aside the trial court s judgment and to remand the cause for entry of a take-nothing judgment, citing Texas Rule of Appellate Procedure 42.1(a)(2)(B). See Tex. R. App. P. 42.1(a)(2)(B). No opinion has yet issued in this cause.

Accordingly, the appellate cause is reinstated. The hereinreferenced joint motion is granted. Pursuant to that motion, the Court sets aside the judgment of the court below, without regard to the merits, and remands the cause for the trial court to render a take-nothing judgment, in accordance with the parties agreement. See id.

Any other pending motions in this appeal are overruled as moot. The Clerk is directed to issue mandate within 10 days of the date of this opinion. See Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Justices Taft, Alcala, and Higley.