PHYLIS J. SPEEDLIN, Justice.
In an opinion and judgment dated February 9, 2005, we affirmed in part, and reversed and remanded in part, the trial court's judgment in favor of appellees. On February 24, 2005, appellees filed a motion for rehearing, and we requested a response. On May 5, 2005, the parties filed a "Joint Motion to Dismiss with Prejudice" stating that the parties have fully resolved and settled all issues in dispute. In response to this court's order seeking clarification, the parties request that the trial court's judgment be set aside without regard to the merits, and the cause be remanded to the trial court for rendition of judgment in accordance with the parties' settlement agreement.
Accordingly, the parties' joint motion to dismiss is granted and the judgment of the trial court is set aside without regard to the merits, and the cause is remanded to the trial court for rendition of judgment in conformity with the parties' settlement agreement. Tex.R.App.P. 42.1(a)(2)(B). We withdraw our judgment of February 9, 2005, and issue a modified judgment in its place. Tex.R.App.P. 42.1(c). The appellees' motion for rehearing is denied as moot. Costs of appeal are taxed against the parties who have incurred them.