Opinion
No. 05-14-01437-CV
06-17-2015
IN RE ADVOCARE INTERNATIONAL, LP
On Appeal from the 296th Judicial District Court Collin County, Texas
Trial Court Cause No. 296-01545-2014
MEMORANDUM OPINION
Before Chief Justice Wright and Justices Brown and Stoddart
Opinion by Justice Brown
This is an appeal from an order granting AdvoCare International, LP's request for a pre-suit deposition and an order denying eBay Inc.'s motion for new trial and reconsideration. See TEX. R. CIV. P. 202. Citing Texas Rule of Appellate Procedure 42.1(a)(2), the parties move to dismiss the appeal, vacate the trial court's orders without regard to the merits, and remand this case to the trial court for rendition of judgment in accordance with the parties' agreement. We grant the motion to the extent we vacate the trial court's orders 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).
/Ada Brown/
ADA BROWN
JUSTICE
141437F.P05
JUDGMENT
On Appeal from the 296th Judicial District Court, Collin County, Texas
Trial Court Cause No. 296-01545-2014.
Opinion delivered by Justice Brown. Chief Justice Wright and Justice Stoddart participating.
In accordance with this Court's opinion of this date, we VACATE, without regard to the merits, the trial court's September 16, 2014 "Order on AdvoCare's Rule 202 Petitions" and the November 6, 2014 "Order on eBay's Motion for New Trial and for Reconsideration" and REMAND to the trial court for rendition of judgment in accordance with the parties' agreement.
As agreed by the parties, we ORDER that AdvoCare International, LP and eBay Inc. each bear its own costs of this appeal.