ja-jay-asafi-as-independent-administrator-of-the-estate-of-alosia ( 2010 )

Vacated and Remanded and Memorandum Opinion filed April 8, 2010.

In The

Fourteenth Court of Appeals

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NO. 14-10-00005-CV

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J. A. (“JAY”) ASAFI, Individually and as Independent Administrator of the Estate of Alosia Smith Rauscher, Deceased, and TODD REAGAN SMITH, Appellants

V.

THE BANK OF NEW YORK MELLON d/b/a BNY MELLON SHAREHOLDER SERVICES and CHEVRON U.S.A., INC., Appellees

On Appeal from the Probate Court No. 2

Harris County, Texas

Trial Court Cause No. 381,121

M E M O R A N D U M   O P I N I O N

This is an appeal from a judgment signed September 25, 2009. On March 18, 2010, appellants filed an agreed motion to set aside the judgment below and remand the case to the trial court for entry of an order of dismissal pursuant to the parties’ agreement to settle the case. See Tex. R. App. P. 42.1(a)(2)(B). The motion is granted.

Accordingly, we order the judgment below vacated and set aside without regard to the merits. We remand the case to the trial court for entry of an order dismissing the case pursuant to the parties’ settlement agreement. We further order that each party shall pay its own costs incurred in this court and in the court below.

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Anderson and Christopher.