WBC Systems, Inc., d/b/a Wilson Construction Systems, Inc. v. Coody Custom Homes, L.L.C.--Appeal from 170th District Court of McLennan County

IN THE

TENTH COURT OF APPEALS

No. 10-03-00384-CV

WBC SYSTEMS, INC., D/B/A

WILSON CONSTRUCTION SYSTEMS, INC.,

Appellants

v.

COODY CUSTOM HOMES, L.L.C.,

Appellee

From the 170th District Court

McLennan County, Texas

Trial Court # 2002-3426-4

MEMORANDUM OPINION

The parties have filed a joint motion to dismiss this appeal. They state that they have settled their dispute and ask that this Court vacate the trial court s judgment and dismiss the appeal with prejudice. The motion is granted. See Tex. R. App. P. 43.2(e); Young Materials Corp. v. Smith, 4 S.W.3d 84, 84-85 (Tex. App. Waco 1999, no pet.) (per curiam). The judgment of the trial court is vacated, and the case is dismissed. Costs are taxed against the party incurring same in accordance with the parties joint motion. See Tex. R. App. P. 42.1(d).

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Judgment vacated, case dismissed

Opinion delivered and filed June 9, 2004

[CV06]