Opinion
No. 09-04-344 CV
June 21, 2007.
On Appeal from the 172nd District Court Jefferson County, Texas Trial Cause No. E-167,334.
Before McKEITHEN, C.J., KREGER and HORTON, JJ.
MEMORANDUM OPINION
The appellant, Wyeth, and the appellee, Jerry Coffey, Individually and as Representative of the Estate of Cynthia Cappel, Deceased, and as Next Friend of Rachel Coffey, Sarah Coffey, and Jennifer Coffey, filed a joint motion to abate the appeal for settlement. On April 12, 2007, we abated the appeal, vacated the trial court's judgment and remanded the case to the trial court for further proceedings to effectuate the parties' settlement agreement. On remand, the trial court approved the parties' settlement agreement and entered a judgment in compromise and settlement of all claims and causes of action and discharged the sureties on the supersedeas bond. A supplemental clerk's record filed on June 6, 2007, contains the trial court's order approving the parties' settlement agreement and final judgment. We reinstate the appeal for final disposition. The appeal is dismissed in accordance with the joint motion of the parties. Tex. R. App. P. 42.1(a)(2). Each party shall bear its own costs.
APPEAL DISMISSED.