Pruitt, Jesse James and Anders, William B. v. Ziesmer, Ronald W.--Appeal from 152nd District Court of Harris County

Motion for Rehearing and Rehearing En Banc Overruled, Opinion of June 13, 2002, Withdrawn, Dismissed and Opinion filed Septemb

Motion for Rehearing and Rehearing En Banc Overruled, Opinion of June 13, 2002, Withdrawn, Dismissed and Opinion filed September 5, 2002.

In The

Fourteenth Court of Appeals

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NO. 14-00-00054-CV

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JESSE JAMES PRUITT AND WILLIAM B. ANDERS, Appellants

V.

RONALD W. ZIESMER, Appellee

On Appeal from the 152nd District Court

Harris County, Texas

Trial Court Cause No. 97-59284

M E M O R A N D U M O P I N I O N

This is an appeal from a judgment signed September 28, 1999.

On June 13, 2002, this Court issued an opinion affirming the trial court=s judgment. June 28, 2002, appellant filed a motion for rehearing and a motion for en banc rehearing. On the motions were acted upon, the parties filed a letter with this Court stating they had settled their dispute and would be filing an appropriate dispositive motion. On August 22, 2002, the parties filed a joint motion pursuant to rules 42.1 and 43.2 of the Texas Rules of Appellate Procedure. In the motion, the parties state they have reached a settlement in which they have agreed to no longer pursue litigation in this matter. To effectuate the settlement agreement, the parties ask this Court to withdraw its opinion and judgment of June 13, 2002, and issue a new opinion and judgment: (1) vacating the trial court=s judgment in so far as it adjudicates the claims and causes of action asserted by appellee; and (2) dismissing appellee=s suit with prejudice. See Tex. R. App. P. 42.1. The motion is granted.

Accordingly, we withdraw our opinion and judgment of June 13, 2002. We order: (1) the trial court=s judgment vacated insofar as it adjudicates the claims and causes of action asserted by appellee; (2) appellee=s suit dismissed with prejudice; and (3) the appeal dismissed. Finally, the motions for rehearing and for rehearing en banc filed by appellants are now moot; therefore, they are overruled.

PER CURIAM

Judgment rendered and Opinion filed September 5, 2002.

Panel consists of Judges Yates, Edelman, and Wittig.[1]

Do Not Publish C Tex. R. App. P. 47.3(b).

[1] Senior Justice Don Wittig, sitting by assignment.