Miller v. J.B. Vega Corp.

Full title: Marguerite Irene MILLER, Appellant v. J.B. VEGA CORPORATION, Appellee

Court: Court of Appeals of Texas, Fourth District, San Antonio

Date published: Nov 5, 2008

No. 04-07-00887-CV (Tex. App. Nov. 5, 2008)

Opinion

No. 04-07-00887-CV

Delivered and Filed: November 5, 2008.

Appealed from the 73rd Judicial District Court, Bexar County, Texas, Trial Court No. 2007-CI-18785, Honorable Martha Tanner, Judge Presiding.

Vacated and Appeal Dismissed.

Sitting: KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Jusitce, REBECCA SIMMONS, Justice.

MEMORANDUM OPINION

PER CURIAM.

The parties have filed an agreed motion to dismiss this appeal in which they ask this court to order the trial court to vacate its judgment. We grant the motion to dismiss. The trial court's judgment dated November 6, 2007 is hereby vacated and this appeal is dismissed. See Young Materials Corp. v. Smith, 4 S.W.3d 84, 84 (Tex.App.-Waco 1999, no pet.); Tex. R. App. P. 43.2(e) (appellate court may vacate trial court's judgment). Costs of appeal are taxed against the party who incurred them.