Opinion
No. 04-04-00225-CV
Delivered and Filed: October 20, 2004.
Appeal from the 111th Judicial District Court, Webb County, Texas, Trial Court No. 2003-Cvq-001433-D2, Honorable Raul Vasquez, Judge Presiding.
Dismissed.
Sitting: Karen ANGELINI, Justice, Sandee Bryan MARION, Justice, Phylis J. SPEEDLIN, Justice.
MEMORANDUM OPINION
Appellant has filed an unopposed motion to dismiss this appeal, stating that the parties have fully compromised and settled all issues in dispute. Because the appeal and underlying cause are now moot, appellant requests that we dismiss the appeal and set aside the lower court's judgment. The motion is granted. See Tex.R.App.P. 42.1(a)(1). Because the cause is moot, all previous orders and judgments, both trial and appellate, are set aside and the cause is dismissed. See Merrill Lynch, Pierce, Fenner Smith, Inc. v. Hughes, 827 S.W.2d 859, 859 (Tex. 1992); Exxon Corp. v. Butler, 619 S.W.2d 399, 399 (Tex. 1981); Freeman v. Burrows, 141 Tex. 318, 171 S.W.2d 863, 863-64 (1943); Panterra v. American Dairy Queen, 908 S.W.2d 300, 301 (Tex.App.-San Antonio 1995, no writ). Costs of appeal are taxed against the parties who incurred them.