Brian Gabbert v. Gustavo Torres--Appeal from 268th District Court of Fort Bend County (per curiam)
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Opinion issued December 1, 2011. In The Court of Appeals For The First District of Texas NO. 01-10-00777-CV BRIAN GABBERT, Appellant V. GUSTAVO TORRES, Appellee On Appeal from the 268th District Court Harris County, Texas Trial Court Case No. 08DCV164318 MEMORANDUM OPINION The Court today considered the parties joint motion to vacate and remand, in which they request that this Court set aside the trial court s judgment without regard to the merits and remand the case to the trial court for (1) entry of an agreed final take-nothing judgment in accordance with the parties settlement agreement and (2) release of the cash surety deposit in the trial court s registry to Allison H. Gabbert to be held in trust in accordance with the parties agreement. We grant the parties motion. We set aside the trial court s judgment without regard to the merits and remand the case to the trial court for the rendition of judgment and release of the cash surety deposit in accordance with the parties agreement. See TEX. R. APP. P. 42.1(a)(2)(B). PER CURIAM Panel consists of Justices Jennings, Sharp, and Brown. 2
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