VANDERBILT v. WADSWORTH, 10-06-00261-CV (Tex.App.-Waco 11-15-2006)

PER CURIAM.

The parties in this appeal have filed an "Agreed Motion to Remand," stating they have agreed that the final default judgment should be set aside and that this case should be remanded to the trial court for a new trial on the merits.

The agreed motion is granted. Accordingly, we set aside the trial court's Final Default Judgment without regard to the merits and remand the case to the trial court for a new trial in accordance with the parties' agreement. See TEX. R. APP. P. 42.1(a)(2)(B); TEX. R. APP. P. 43.2(d), (e).

Appellant shall bear the costs of this appeal. TEX. R. APP. P. 42.1(d).