Opinion
No. 10-03-00384-CV
Opinion delivered and filed June 9, 2004.
Appeal from the 170th District Court, McLennan County, Texas, Trial Court # 2002-3426-4.
Judgment vacated, case dismissed.
Russell J. Bowman, Attorney at Law, Dallas, TX, for appellant/relator.
Michael L. Scanes, Naman, Howell, Smith Lee, P.C., Waco, TX, for appellee/respondent.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
MEMORANDUM OPINION
The parties have filed a joint motion to dismiss this appeal. They state that they have settled their dispute and ask that this Court vacate the trial court's judgment and dismiss the appeal with prejudice. The motion is granted. See TEX. R. APP. P. 43.2(e); Young Materials Corp. v. Smith, 4 S.W.3d 84, 84-85 (Tex. App.-Waco 1999, no pet.) (per curiam). The judgment of the trial court is vacated, and the case is dismissed. Costs are taxed against the party incurring same in accordance with the parties' joint motion. See TEX. R. APP. P. 42.1(d).