Tegrity Contractors, Inc. v. B and B Concrete Construction, Inc. and Redwine Enterprises, Inc. A/K/A Redwine Construction ( 2009 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-09-00185-CV ____________________

TEGRITY CONTRACTORS, INC., Appellant

V.

B AND B CONCRETE CONSTRUCTION, INC. AND REDWINE ENTERPRISES, INC. a/k/a REDWINE CONSTRUCTION, Appellee

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On Appeal from the 136th District Court Jefferson County, Texas Trial Cause No. D-177,060

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MEMORANDUM OPINION

The appellant, Tegrity Contractors, Inc., and the appellees, B and B Concrete Construction, Inc. and Redwine Enterprises, Inc. a/k/a Redwine Construction, filed a joint motion to set aside the trial court's judgment and to remand for entry of judgment. The parties allege they have reached a settlement agreement and ask the Court to set aside the judgment of the trial court 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). The motion is voluntarily made by the parties prior to any decision of this Court. See   Tex. R. App. P. 42.1(a)(2). No other party filed notice of appeal.

We grant the joint motion to set aside the judgment and for remand to the trial court for entry of judgment. Accordingly, we vacate the judgment of the trial court without reference to the merits and remand the case to the trial court for rendition of judgment in accordance with the agreement of the parties.

VACATED AND REMANDED.

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HOLLIS HORTON

Justice

  Opinion Delivered November 19, 2009

Before McKeithen, C.J., Gaultney and Horton, JJ.