in the Estate of Wynell N. Klutts ( 2020 )

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-18-00356-CV ___________________________ IN THE ESTATE OF WYNELL N. KLUTTS, DECEASED On Appeal from the County Court Hood County, Texas Trial Court No. P08257 Before Sudderth, C.J.; Gabriel and Wallach, JJ. Per Curiam Memorandum Opinion MEMORANDUM OPINION AND JUDGMENT After this court issued its December 19, 2019 opinion, the parties reached a mediated settlement agreement. Accordingly, the parties have jointly filed an “Agreed Motion to Dismiss Appeal and Remand to Trial Court for Rendition of Judgment in Accordance with Mediated Settlement Agreement,” in which they ask us to set aside the trial court’s judgment without regard to the merits, to remand the case to the trial court to allow it to render judgment as contemplated by the parties’ mediated settlement agreement, and to dismiss the appeal. See Tex. R. App. P. 42.1(a)(2). We grant the motion, set aside the trial court’s judgment, remand the case to the trial court for disposition as contemplated by the parties’ agreement, and dismiss the appeal. See Tex. R. App. P. 42.1(a)(2), 43.2(f). We withdraw our December 19, 2019 opinion. See Tex. R. App. P. 42.1(c). Appellants shall pay all costs of this appeal. See Tex. R. App. P. 42.1(d). Per Curiam Delivered: April 2, 2020 2