Carole O. Kotz, (APPELLANT/CROSS-APPELLEE) v. Gary M. Poenisch, (APPELLEE/CROSS-APPELLANT)--Appeal from 73rd Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-05-00533-CV

Carole O. KOTZ,

Appellant/Cross-Appellee

v.

Gary M. POENISCH,

Appellee/Cross-Appellant

From the 73rd Judicial District Court, Bexar County, Texas

Trial Court No. 2004-CI-10414

Honorable Michael P. Peden , Judge Presiding

PER CURIAM

Sitting: Sandee Bryan Marion , Justice

Phylis J. Speedlin , Justice

Rebecca Simmons, Justice

Delivered and Filed: September 27, 2006

JUDGMENT SET ASIDE AND CAUSE REMANDED

The parties have filed a "Joint Motion to Dismiss Appeal" stating that they have reached a settlement agreement resolving the matters pending before this court on appeal. The parties request that we dismiss the appeal and remand the cause for entry of a judgment in accordance with their settlement agreement. We are not authorized to dismiss an appeal and remand the cause for further proceedings. See Tex. R. App. P. 42.1 (a)(2), 43.2. We construe the motion as requesting that we set aside the trial court's judgment without regard to the merits, and remand the cause to the trial court for rendition of judgment in accordance with the parties' settlement agreement. As so construed, the motion is granted. The judgment of the trial court signed on May 5, 2005 is set aside without regard to the merits, and the cause is remanded to the trial court for rendition of judgment in accordance with the parties' settlement agreement. See Tex. R. App. P. 42.1(a)(2)(B). Costs of appeal are taxed against the parties who have incurred them. All other pending motions in this appeal are overruled as moot.

PER CURIAM