Opinion
No. 05-14-00925-CV
11-19-2014
EBAY INC., Appellant v. ZURVITA, INC., Appellee
On Appeal from the 14th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-14-04897
MEMORANDUM OPINION
Before Justices Bridges, Lang-Miers, and Myers
Opinion by Justice Lang-Miers
The parties have filed a joint motion to dismiss the appeal, vacate the trial court's order, and remand this case to the trial court with instructions to enter judgment denying with prejudice appellee's petition to perpetuate testimony from eBay. We grant the motion to the extent that we set aside the trial court's order without regard to the merits and remand the case to the trial court for rendition of judgment in accordance with the parties' agreement. See TEX. R. APP. P. 42.1(a)(2).
/Elizabeth Lang-Miers/
ELIZABETH LANG-MIERS
JUSTICE
140925F.P05
JUDGMENT
On Appeal from the 14th Judicial District Court, Dallas County, Texas
Trial Court Cause No. DC-14-04897.
Opinion delivered by Justice Lang-Miers. Justices Bridges and Myers participating.
In accordance with this Court's opinion of this date, we VACATE the trial court's order without regard to the merits and REMAND the case to the trial court for rendition of judgment in accordance with the parties' agreement.
We ORDER that each party bear its own costs of this appeal.