Opinion
No. 05-09-00998-CV
Opinion filed March 18, 2010.
On Appeal from the County Court at Law No. 3 Dallas County, Texas, Trial Court Cause No. CC-09-02332-C.
Before Justices MOSELEY, BRIDGES, and FILLMORE.
MEMORANDUM OPINION
Before the Court is the parties' March 15, 2010 Joint Motion to Dismiss Appeal, in which the parties state that "Staton has decided to no longer prosecute the underlying lawsuit or this appeal against Winn-Dixie and agrees to dismiss Winn-Dixie with prejudice." Citing rule of appellate procedure 42.1(a)(2)(B), the parties ask the Court to dismiss this appeal and vacate the trial court's order which denied Winn-Dixie's special appearance to effectuate Staton's intent. The parties further ask for this Court to remand the case to the trial court for rendition of a final judgment which dismisses all claims which were or could have been brought by Winn-Dixie or Staton based on the events which formed the basis of Staton's First Amended Petition.
Further, the parties state that "[e]ach party agrees to bear its own costs." We grant the parties' motion to the extent that we set aside the trial court's August 3, 2009 Order on Defendant's Special Appearance without regard to the merits and remand the case to the trial court for rendition of judgment in accordance with the agreement. See Tex. R. App. P. 42.1(a)(2)(B) (providing for voluntary dismissal in accordance with an agreement signed by the parties or their attorneys).