Wyeth, F/K/A American Home Products Corporation v. Deborah Hayes

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-04-135 CV ____________________

WYETH, f/k/a AMERICAN HOME PRODUCTS CORPORATION, Appellant

V.

DEBORAH HAYES, Appellee

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On Appeal from the 60th District Court Jefferson County, Texas Trial Cause No. E-165,374

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MEMORANDUM OPINION

We have before the Court a "Joint Motion to Reverse and Remand to Trial Court for Entry of Judgment Effectuating Settlement Agreement." The appellant, Wyeth, and the appellee, Deborah Hayes, ask this Court to vacate the judgment of the trial court, and remand the cause for entry of a take-nothing judgment. The Court finds the motion complies with Tex. R. App. P. 42.1(a)(2).

It is, therefore, ORDERED that the judgment of the trial court is vacated without reference to the merits and the cause is remanded to the 60th District Court of Jefferson County, Texas, for further proceedings in accordance with the parties' settlement agreement. Costs are assessed against the party incurring such costs. The mandate shall issue immediately in accordance with the agreement of the parties. Tex. R. App. P. 18.1(c).

VACATED AND REMANDED.

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STEVE McKEITHEN

Chief Justice

Opinion Delivered December 22, 2005

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