Opinion
No. 08-05-00168-CV.
June 30, 2005.
Appeal from the 109th District Court of Winkler County, Texas (TC #14,137), James L. Rex, Judge.
Chad Smith, Greak Smith, P.C., Lubbock, Rick D. Davis Jr., Cotton, Bledsoe, Tighe Dawson, P.C., Midland, for appellants.
Vincent L. Hazen, Hazen Terrill, Austin, for appellee.
Before BARAJAS, C.J., McCLURE, and CHEW, JJ.
OPINION
Pending before the Court is a joint motion to vacate the trial courts judgment and dismiss the suit pursuant to TEX.R.APP. P. 42.1(a)(2). The parties have settled all matters in controversy. By their motion, the parties have agreed that the underlying judgment should be vacated and a judgment dismissing the underlying suit should be rendered. Pursuant to Rule 42.1(a)(2)(A), we grant the joint motion, vacate the trial courts judgment dated January 24, 2005, and render a judgment of dismissal with prejudice. The parties motion does not specify that the parties have reached an agreement regarding costs. Accordingly, costs are taxed against Appellant. See TEX.R.APP. P.42.1(d).