Sulzer Orthopedics Inc. v. Helen I. Rupp and Bernard Rupp, Naomi B. Bonorden, Lillian Sallinger and Carl Sallinger

• Court: Court of Appeals of Texas
• Decided: May 7, 2009
• Docket: 13-01-00844-CV
• Status: Published

Opinion

NUMBER 13-01-00844-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

______________________________________________________________

SULZER ORTHOPEDICS INC., Appellant,

v.

HELEN I. RUPP AND BERNARD RUPP,

NAOMI B. BONORDEN, LILLIAN SALLINGER

AND CARL SALLINGER, Appellees.

_____________________________________________________________

On Appeal from the County Court at Law No. 4

of Nueces County, Texas.

______________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Garza and Vela

Memorandum Opinion Per Curiam

This case is before the Court on a joint motion to vacate the trial court's judgment and render judgment of dismissal. The parties have reached an agreement with regard to the disposition of the matters currently on appeal. Pursuant to agreement, the parties request this Court to vacate the trial court's judgment and render judgment dismissing all claims with prejudice and tax any costs against the party that incurred it.

The joint motion to vacate and render judgment dismissing all claims with prejudice is GRANTED. Accordingly, we vacate the trial court's judgment and DISMISS the case. See Tex. R. App. P. 42.1(a)(2)(A). In accordance with the agreement of the parties, costs are taxed against the party incurring same. See Tex. R. App. P. 42.1(d). The parties' request to expedite the mandate is GRANTED.

PER CURIAM

Memorandum Opinion delivered and

filed this the 7th day of May, 2009.