Opinion
No. 10-05-00052-CV
Opinion delivered and filed July 26, 2006.
Appeal from the 220th District Court, Hamilton County, Texas, Trial Court No. 02-08-08802.
Judgment vacated, case dismissed.
Before Cheif Justice GRAY, Justice VANCE, and, Justice REYNA.
MEMORANDUM OPINION
Navistar Financial Corporation and Burt Schmidt filed a joint motion requesting this Court to vacate the trial court's judgment giving rise to this appeal and to render judgment pursuant to a settlement agreement between the parties. Attorneys for both parties have signed the motion. See TEX. R. APP. P. 42.1(a)(2).
The joint motion is granted. The trial court's judgment is vacated, without regard to the merits, and this Court renders judgment dismissing the case, with prejudice, and discharging the surety on Navistar's supersedeas bond. See TEX. R. APP. P. 43.2(e).
Pursuant to the joint motion, costs are taxed against the party incurring same.