Summary
vacating the trial court's judgment and dismissing the case based on the parties joint motion to vacate and Texas Rule of Appellate Procedure 43.2(e)
Summary of this case from Jester Venture v. NashOpinion
No. 01-03-00398-CV
Opinion issued July 15, 2004.
On Appeal from the 361st District Court, Brazos County, Texas, Trial Court Cause No. 50489.
Joseph D. Jackson and Patrick Meece, Bryan, TX, for appellant.
Anne Marie Finch and Fred A. Simpson, Jackson Walker LLP, Houston, TX, and Stacie L. Henderson, Houston, TX, for appellee,
Panel consists of Chief Justice RADACK and Justices TAFT and BLAND.
MEMORANDUM OPINION
The parties have filed a joint motion to vacate the trial court's judgment and a subsequent order on discovery sanctions because they have fully compromised and settled the issues in their dispute. The parties also request we dismiss their appeals. No opinion has issued.
Based on the parties' request, and without reference to the merits, we vacate the trial court's modified final judgment signed January 22, 2003 and dismiss the case. Young Materials Corp. V. Smith, 4 S.W.3d 84, 84-85 (Tex. App.-Waco 1999, no pet.); Tex.R.App.P. 43.2(e). The request to dismiss the appeals is dismissed as moot.
All other pending motions in this appeal are dismissed as moot. The Clerk is directed to issue mandate within 10 days of the date of this opinion. Tex.R.App.P. 18.1.