Opinion
14-23-00643-CV
10-15-2024
BAYPORT POLYMERS LLC D/B/A BAYSTAR, Appellant v. CB & I LLC, Appellee
On Appeal from the 55th District Court Harris County, Texas Trial Court Cause No. 2023-35378
Panel Consists of Justices Jewell, Bourliot, and Poissant.
ORDER
PER CURIAM
On July 23, 2024, we issued an opinion in this appeal reversing the trial court's order and remanding to the trial court for trial on the merits. On September 30, 2024, while this court still had plenary power, the parties filed a joint motion to dismiss the appeal and vacate our judgment of July 23, 2024. We grant the motion, dismiss the appeal, vacate our previous July 23, 2024 judgment and, in its place, issue a judgment dismissing the appeal.
We already have issued an opinion in this appeal, and we decline to withdraw the opinion already issued. Tex.R.App.P. 42.1(c); see Houston Cable TV, Inc. v. Inwood West Civic Ass'n, 860 S.W.2d 72, 73 (Tex. 1993).
Appellee's motion for en banc reconsideration is dismissed as moot.