This appeal was abated by this Court on September 14, 2015, to allow the parties

to resolve the terms of the mediated settlement agreement. This cause is now before the Court on a motion to reverse and remand pursuant to settlement. Accordingly, this appeal is hereby REINSTATED. The certificate of conference indicates appellant was unable to discuss the matter with appellee. More than ten days has passed since the *2 filing of the motion and no response has been filed by appellee. See T EX . R. A PP . P. 10.3 (a).

Appellant states the parties have resolved their differences and in order to effectuate the settlement of the parties, a new judgment must be rendered. Appellant requests judgment of the trial court be set aside without reference to the merits and the matter be remanded for issuance of a judgment consistent with the settlement of the parties. We GRANT the motion and set aside the trial court’s judgment without regard to the merits and REMAND this case to the trial court for rendition of judgment in accordance with the agreement. See T EX . R. A PP . P. 42.1(a)(2)(B).

Costs will be taxed against appellant. See T EX . R. A PP . P. 42.1(d) ("Absent

agreement of the parties, the court will tax costs against the appellant.").

PER CURIAM Delivered and filed the

12th day of November, 2015.

2