                                         In The

                                  Court of Appeals
                      Ninth District of Texas at Beaumont
                                _________________
                                  NO. 09-09-00362-CV
                                _________________

                     ENTERGY GULF STATES, INC., Appellant

                                            V.

                          NICHOLAS TRAXLER, Appellee

________________________________________________________________________

                   On Appeal from the 128th District Court
                          Orange County, Texas
                        Trial Cause No. A-050478-C
________________________________________________________________________

                             MEMORANDUM OPINION

       The appellant, Entergy Gulf States, Inc., and the appellee, Nicholas Traxler, 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 an agreed final judgment effectuating the parties’

settlement 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). The


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parties also request that the surety be released from its obligation on the supersedeas bond

and that the mandate issue immediately. See Tex. R. App. P. 18.1(c); Tex. R. App. P.

24.3.

        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. The clerk of the trial court

shall release the surety, Safeco Insurance Company, from further liability on the

supersedeas bond filed in the case. Costs of the appeal are taxed against the parties who

incurred them. We direct the Clerk of the Court to issue the mandate contemporaneously

with this opinion.

        VACATED AND REMANDED.




                                                 ________________________________
                                                         STEVE McKEITHEN
                                                            Chief Justice


Opinion Delivered January 17, 2013
Before McKeithen, C.J., Gaultney and Kreger, JJ.




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