Trinity Healthcare Management, L.L.C. d/b/a Trinity HM of Texas, L.L.C. d/b/a Trinity Rehabilitation and Retirement Community of San Augustine v. Rehabcare Group Therapy Services--Appeal from 190th District Court of Harris County

MEMORANDUM OPINION
No. 04-03-00265-CV
TRINITY HEALTHCARE MANAGEMENT, L.L.C.

d/b/a Trinity HM of Texas, L.L.C.

d/b/a Trinity Rehabilitation and Retirement Community of San Augustine,

Appellant
v.
REHABCARE GROUP THERAPY SERVICES,
Appellee
From the 190th Judicial District Court, Harris County, Texas
Trial Court No. 2002-28999
Honorable Jennifer Elrod, Judge Presiding

PER CURIAM

Sitting: Paul W. Green, Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: August 27, 2003

MOTION TO DISMISS GRANTED; APPEAL DISMISSED

Appellant filed a motion to dismiss the appeal, which is joined by the appellee. The parties agree all issues have been fully compromised and settled, and they ask that we set aside the trial court's judgment and remand for entry of judgment in accordance with the settlement agreement. We grant the motion. See Tex. R. App. P. 42.1(a)(2)(B); Merrill,Lynch, Pierce, Fenner & Smith, Inc. v. Hughes, 827 S.W.2d 859, 859 (Tex. 1992); Panterra Corp. v. American Dairy Queen, 908 S.W.2d 300, 300-01 (Tex. App.--San Antonio 1995, no writ). The trial court's judgment is set aside without regard to the merits and the cause is remanded to the trial court for entry of judgment in accordance with the parties' settlement agreement. The appeal is dismissed. Costs of appeal are taxed against the party who incurred them. Our mandate may be issued early upon proper motion. Tex. R. App. P. 18.1(c).

PER CURIAM