International Forest Products LLC v. Smurfit Kappa North America LLC, and Smurfit Kappa Do Brasil Industria De Embalagens S.A.

Opinion

Dismissed, Remanded, and Opinion Filed March 1, 2021

In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00603-CV

INTERNATIONAL FOREST PRODUCTS LLC, Appellant V. SMURFIT KAPPA NORTH AMERICA LLC, AND SMURFIT KAPPA DO BRASIL INDUSTRIA DE EMBALAGENS S.A., Appellees

On Appeal from the 192nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-04426

MEMORANDUM OPINION Before Justices Partida-Kipness, Pedersen, III, and Goldstein Opinion by Justice Partida-Kipness Before the Court is the parties’ Stipulation and Agreement of Dismissal of

Appeal and Vacatur of Order on Appeal. In accordance with TEX. R. APP. P.

42.1(a)(2) and the parties’ stipulation, we vacate the trial court’s May 27, 2020 Order

denying appellant’s special appearance, dismiss this appeal with prejudice, and

remand this proceeding to the trial court for dismissal of the underlying proceeding

pursuant to the parties’ “Stipulation of Dismissal with Prejudice” filed with the trial court. As agreed between the parties, we order each party to bear its own costs of

this appeal.

/Robbie Partida-Kipness/ ROBBIE PARTIDA-KIPNESS JUSTICE

200603F.P05

–2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

INTERNATIONAL FOREST On Appeal from the 192nd Judicial PRODUCTS LLC, Appellant District Court, Dallas County, Texas Trial Court Cause No. DC-20-04426. No. 05-20-00603-CV V. Opinion delivered by Justice Partida- Kipness. Justices Pedersen, III and SMURFIT KAPPA NORTH Goldstein participating. AMERICA LLC, AND SMURFIT KAPPA DO BRASIL INDUSTRIA DE EMBALAGENS S.A., Appellees

In accordance with this Court’s opinion of this date, the trial court’s May 27, 2020 Order denying appellant’s special appearance is VACATED, this appeal is DISMISSED WITH PREJUDICE, and this proceeding is REMANDED to the trial court for dismissal of the underlying proceeding pursuant to the parties’ “Stipulation of Dismissal with Prejudice” filed with the trial court.

It is ORDERED that each party bear its own costs of this appeal.

Judgment entered this 1st day of March, 2021.

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