                            NUMBER 13-09-00174-CV

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
____________________________________________________________

F. J. K. ENTERPRISES, LTD. CO., EXPRESS
CARRIERS, L.P., EXPRESS CARRIERS
MANAGEMENT, L.L.C., NOLBERTO
BLANCO, KYLE KAUPERT ENTERPRISES, L.L.C.
AND JUAN ROBERTO RAMIREZ,                                                  Appellants,

                                           v.

HIPOLITO GONZALEZ AND ISSAC GONZALEZ,              Appellees.
____________________________________________________________

             On appeal from the 365th District Court
                  of Maverick County, Texas.
____________________________________________________________

                         MEMORANDUM OPINION
               Before Justices Yañez, Rodriguez, and Garza
                    Memorandum Opinion Per Curiam

      The parties to this appeal have filed a joint motion to reverse and vacate judgment.

By their motion, the parties ask the Court to: (1) reverse and vacate the trial court’s
judgment; (2) dismiss the appeal; (3) tax costs against the party incurring same; and (4)

release the appellants’ surety, Hudson Insurance Company, from any further obligation

on the supersedeas bond filed by appellants.

       The Court has considered the motion and it is the Court=s opinion that the motion

should be granted in part and denied in part.1 Accordingly, without regard to the merits,

we vacate the trial court=s judgment, and remand the case to the trial court for rendition of

judgment in accordance with the parties= settlement agreement. See TEX. R. APP. P.

42.1(a)(2)(B); 43.2(d).

       The parties request that the Court release the appellants’ surety, Hudson

Insurance Company, from any further obligation on the supersedeas bond filed by

appellants.    The request is GRANTED.             We hereby release the appellants’ surety,

Hudson Insurance Company, from any further obligation on the supersedeas bond filed

by appellants.

       In accordance with the agreement of the parties, costs are taxed against the party

incurring same. See TEX. R. APP. P. 42.1(d).



                                                       PER CURIAM

Delivered and filed the
15th day of July, 2010.




       1
         Rule 42.1(a)(2) permits the Court to render judgment effectuating the parties= agreements or to
vacate the trial court=s judgment and remand the case to the trial court for rendition of judgment in
accordance with the agreement; we cannot do both. See TEX. R. APP. P. 42.1(a)(2)(A),(B). The parties
have asked us to dismiss the appeal. We cannot both vacate the trial court’s judgment and dismiss the
appeal. See TEX. R. APP. P. 42.1(a)(2)(B); 43.2(d), (f).


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