Michael Anthony Picard v. Leon Zarzoza--Appeal from 44th District Court of Dallas County

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
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No. 06-02-00020-CV
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MICHAEL ANTHONY PICARD, Appellant
V.
LEON ZARZOZA, Appellee
On Appeal from the 44th Judicial District Court
Dallas County, Texas
Trial Court No. DV-00-00263-B
Before Morriss, C.J., Ross and Carter, JJ.
Memorandum Opinion by Justice Carter
MEMORANDUM OPINION

Michael Anthony Picard has appealed from a judgment taken in favor of Leon Zarzoza. We now have before the Court a joint motion to vacate the trial court's judgment and dismiss this appeal, pursuant to Tex. R. App. P. 42.1 and 43.2. The parties ask this Court to vacate the judgment of the trial court and dismiss this case with prejudice, with all costs taxed against the party who incurred them. The motion contains an internal date of February 3, 2003, but was not mailed until February 20. Between those dates, on February 11, 2003, we released our opinion in this appeal. Our clerk's office has contacted counsel for both parties, who assure this Court they still desire the relief sought by the motion.

It is therefore ordered that our judgment of February 11, 2003, is vacated. We withdraw our opinion of February 11, 2003. The judgment of the trial court is vacated, and the cause is dismissed with prejudice in accordance with the settlement agreement of the parties. Costs are assessed against the party incurring such costs.

This Court's judgment is vacated, and the cause is dismissed.

 

Jack Carter

Justice

 

Date Submitted: March 5, 2003

Date Decided: March 6, 2003