Opinion
No. 04-08-00373-CV
Delivered and Filed: December 10, 2008.
Appeal from the 79th Judicial District Court, Jim Wells County, Trial Court No. 05-07-43591, Honorable Richard C. Terrell, Judge Presiding.
Vacated and Dismissed.
Sitting: KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice, PHYLIS J. SPEEDLIN, Justice.
MEMORANDUM OPINION
Before the court is an agreed joint motion to vacate the trial court's judgment and dismiss the case. In the motion, the parties state they have settled this appeal and request an order "vacating the trial court's judgment and dismissing the case with prejudice . . ." The motion is granted. As agreed by the parties, without consideration of the merits, we vacate the trial court's judgment dated April 2, 2008, and dismiss the case. See Caballero v. Heart of Tex. Pizza, L.L.C., 70 S.W.3d 180, 180-81 (Tex.App.-San Antonio 2001, no pet.); Panterra Corp. v. Am. Dairy Queen, 908 S.W.2d 300, 301 (Tex.App.-San Antonio 1995, no writ); Tex. R. App. P. 42.1(a)(2)(A), 43.2(e). Further, this appeal is dismissed. See Tex. R. App. P. 42.1(a)(2). The Clerk of this court is ordered to issue the mandate simultaneously with the issuance of our opinion and judgment. See Tex. R. App. P. 18.1(c). The District Clerk of Jim Wells County is ordered to release the supersedeas bond filed in connection with this appeal. Costs are taxed against the parties who incurred them.