National Diversified Sales, Inc. v. DFW Alliance Corp., Jeff Nielson, Individually and d/b/a Alliance Sales and Marketing Group, and D/FW Plastics, Inc.--Appeal from 271st District Court of Wise County

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-06-231-CV

NATIONAL DIVERSIFIED SALES, INC. APPELLANT

V.

DFW ALLIANCE CORP., JEFF NIELSON, APPELLEES

INDIVIDUALLY AND D/B/A ALLIANCE

SALES AND MARKETING GROUP,

AND D/FW PLASTICS, INC.

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FROM THE 271ST DISTRICT COURT OF WISE COUNTY

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MEMORANDUM OPINION[1] AND JUDGMENT

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We have considered the parties= AJoint Motion To Dismiss Appeal.@ Because the parties have settled all matters in the appeal, it is the court=s opinion that the motion should be granted. We therefore set aside the trial court=s judgment without regard to the merits and remand the case to the trial court for rendition of judgment in accordance with the parties=agreement. See TEX. R. APP. P. 42.1(a)(2)(B).

Costs of this appeal shall be taxed against the party incurring same, for which let execution issue.

PER CURIAM

PANEL A: CAYCE, C.J.; HOLMAN and MCCOY, JJ.

DELIVERED: August 31, 2007

[1]See Tex. R. App. P. 47.4.