COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-09-00417-CV PHILLIP THOMPSON APPELLANT V. JUDITH RODRIGUEZ APPELLEE ---------- FROM THE 96TH DISTRICT COURT OF TARRANT COUNTY ---------- MEMORANDUM OPINION1 ---------- Before the court is the parties’ “Joint Motion to Remand Due to Settlement.” The motion is granted. Accordingly, we withdraw our opinion and judgment of September 30, 2010; vacate the trial court’s October 27, 2009 judgment without regard for the merits; and remand this case to the trial court for rendition of judgment in accordance with the parties’ rule 11 agreement. See 1 See Tex. R. App. P. 47.4. Tex. R. App. P. 42.1(a)(2)(B); Tex. R. Civ. P. 11. Costs of this appeal shall be paid according to the parties’ agreement. See generally Tex. R. App. P. 42.1(d). ANNE GARDNER JUSTICE PANEL: GARDNER and MCCOY, JJ.; and DIXON W. HOLMAN (Senior Justice, Retired, Sitting by Assignment) DELIVERED: January 13, 2011 2