*1 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MEMORANDUM OPINION The Court’s opinion and judgment of September 22, 2016, are withdrawn and the following are substituted in their place.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.

1 *2 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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