                            NUMBER 13-10-00311-CV

                           COURT OF APPEALS

                 THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
______________________________________________________________

SOUTHWEST GRAIN COMPANY, INC.,                                              Appellant,

                                           v.

GRAIN CONTINENTAL, S.A. DE C.V.,                     Appellee.
_____________________________________________________________

              On Appeal from the 370th District Court
                    of Hidalgo County, Texas.
______________________________________________________________

                         MEMORANDUM OPINION

    Before Chief Justice Valdez and Justices Rodriguez and Garza
                  Memorandum Opinion Per Curiam

      This case is before the Court on a joint motion to set aside a portion of the trial

court’s judgment and to remand due to settlement between appellant, Southwest Grain

Company, Inc. and appellee, Grain Continental S.A. de C.V. The parties have reached an

agreement with regard to the disposition of the matters currently on appeal. Pursuant to
the agreement, the parties request this Court to set aside the portion of the trial court’s

judgment awarding relief to Grain Continental without regards to the merits, and remand

this case to the trial court for rendition of judgment in accordance with the agreement of

the parties.

       The joint motion to set aside the portion of the trial court’s judgment awarding relief

to Grain Continental and remand is GRANTED. Accordingly, we set aside the portion of

the trial court’s judgment awarding relief to Grain Continental without regard to the merits,

and REMAND this case to the trial court for rendition of judgment in accordance with the

parties’ agreement. See TEX . R. APP . P. 42.1(a)(2)(B). Costs will be taxed against

appellant. See TEX . R. APP. P. 42.1(d) (“Absent agreement of the parties, the court will tax

costs against the appellant.”). Other pending motions, if any, are DISMISSED AS MOOT.



                                                  PER CURIAM

Delivered and filed the
29th day of July, 2010.




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