Vitri Designs CC v. Eazycups USA, LLC

Opinion

DISMISS; Opinion issued April 18, 2013

SIn The Court of Appeals Fifth District of Texas at Dallas

No. 05-13-00447-CV

VITRI DESIGNS CC and STACK-CORPORATION BVBA f/k/a B+1 ENTERPRISES BVBA, Appellants V. EAZYCUPS USA, LLC and EASYCUPS, LTD., Appellees

On Appeal from the 296th Judicial District Court Collin County, Texas Trial Court Cause No. 296-04118-2012

MEMORANDUM OPINION Before Chief Justice Wright, Justice Lang-Miers, and Justice Lewis Opinion by Chief Justice Wright The Court has before it appellants’ April 11, 2013 unopposed motion to dismiss this

interlocutory appeal from the trial court’s order denying appellants’ special appearance and

motion to dismiss. Appellants state that on March 28, 2013, the trial court granted the motion for

reconsideration, granted the special appearance and motion to dismiss, and dismissed all claims

asserted against appellants with prejudice. Because the March 28, 2013 order vacated the March

11, 2013 order, the appeal is now moot.

We grant the motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1).

/Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE

130447F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

VITRI DESIGNS CC and STACK- On Appeal from the 296th Judicial District CORPORATION BVBA f/k/a B+1 Court, Collin County, Texas ENTERPRISES BVBA, Appellants Trial Court Cause No. 296-04118-2012. Opinion delivered by Chief Justice Wright, No. 05-13-00447-CV V. Justices Lang-Miers and Lewis participating.

EAZYCUPS USA, LLC and EASYCUPS, LTD., Appellees

In accordance with this Court’s opinion of this date, we DISMISS the appeal. Subject to any agreement between the parties, we ORDER that appellees Eazycups USA, LLC and Easycups, Ltd. recover their costs of the appeal, if any, from appellants Vitri Designs CC and Stack-Corporation BVBA f/k/a/ B+1 Enterprises BVBA.

Judgment entered April 18, 2013.

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