                                       In The

                                Court of Appeals
                    Ninth District of Texas at Beaumont
                            ____________________
                               NO. 09-14-00482-CV
                            ____________________

GEORGE E. RHYMES JR. AND RHYMES INDUSTRIAL FILTRATION &
               CONSULTING, LLC, Appellants

                                         V.

                     FILTER RESOURCES, INC., Appellee
________________________________________________________________________

                    On Appeal from the 136th District Court
                          Jefferson County, Texas
                         Trial Cause No. D-194,154
________________________________________________________________________

                          MEMORANDUM OPINION

      The Court’s opinion and judgment of September 22, 2016, are withdrawn

and the following are substituted in their place. See Tex. R. App. P. 19.1.

      George E. Rhymes Jr. and Rhymes Industrial Filtration & Consulting, LLC

and Filter Resources, Inc. filed an agreed motion to set aside and vacate the trial

court’s judgment without reference to the merits and to remand the case to the trial

court for rendition of judgment in accordance with the parties’ agreement.


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See Tex. R. App. P. 42.1(a)(2)(B). We grant the motion, set aside the trial court’s

judgment without regard to the merits, and remand the case to the trial court for

rendition of judgment in accordance with the parties’ agreement. See Tex. R. App.

P. 43.2(d).

      VACATED AND REMANDED.



                                            ________________________________
                                                   STEVE McKEITHEN
                                                       Chief Justice

Submitted on November 16, 2016
Opinion Delivered November 17, 2016

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




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