Opinion
No. 13-02-526-CV
Memorandum Opinion Delivered and Filed April 28, 2005.
On appeal from the 319th District Court of Nueces County, Texas.
Before Justices HINOJOSA, YAÑEZ and GARZA.
MEMORANDUM OPINION ON REMAND
In our original opinion in this case, issued April 1, 2004, we affirmed the trial court's denial of appellant's special appearance motion. Following the issuance of our opinion, a petition for review was filed in the Texas Supreme Court. Thereafter, the parties reached a settlement agreement. Pursuant to the settlement agreement, the Texas Supreme Court granted the petition for review without reference to the merits, vacated this Court's judgment, and remanded to this Court for further proceedings in accordance with the parties' settlement agreement.
Bridgestone Corp. v. Lopez, 131 S.W.3d 670 (Tex.App.-Corpus Christi 2004), pet. granted, judgm't vacated w.r.m., No. 04-0563, 2005 Tex. LEXIS 164 (Tex. Feb. 8, 2005).
See Tex.R.App.P. 56.2.
On April 15, 2005, the parties filed a joint motion to withdraw this Court's April 1, 2004 opinion. The Court, having considered the documents on file and the joint motion to withdraw our April 1, 2004 opinion, is of the opinion that the motion should be denied. The joint motion to withdraw our April 1, 2004 opinion is DENIED. However, pursuant to the parties' representation that the settlement agreement has been approved by the trial court, the appeal is hereby DISMISSED. In accordance with the Supreme Court's orders, costs of the appeal and in the court below are adjudged against the party incurring the same.