Tex. R. App. P. 56.3

If a case is settled by agreement of the parties and

the parties so move, the Supreme Court may grant the

petition if it has not already been granted and, without

hearing argument or considering the merits, render a

judgment to effectuate the agreement. Th e Supreme

Court's action may include setting aside the judgment

of the court of appeals or the trial court without regard

to the merits and remanding the case to the trial court

for rendition of a judgment in accordance with the

agreement. The Supreme Court may abate the case

until the lower court’s proceedings to effectuate the

agreement are complete. A severable portion of the

proceeding may be disposed of if it will not prejudice

the remaining parties. In any event, the Supreme

Court's order does not vacate the court of appeals'

opinion unless the order specifically provides

otherwise. An agreement or motion cannot be

conditioned on vacating the court of appeals’ opinion.