D & L Underground Services, Inc. v. 3D Directional Boring, Inc.--Appeal from 354th District Court of Rains County

  NO. 12-06-00185-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

D & L UNDERGROUND SERVICES, INC., APPEAL FROM THE 354TH

APPELLANT

V. JUDICIAL DISTRICT COURT OF

3D DIRECTIONAL BORING, INC.,

APPELLEE RAINS COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

The parties hereto have filed an Agreed Motion to Vacate and Render Judgment Pursuant to Settlement. The motion has been signed by the parties attorneys and represents that the parties have reached a full and final settlement of all claims and issues in this case. Further, the parties request that this Court release the District Clerk and Court Reporter from their respective obligations to prepare and file the appellate record, vacate the trial court s Final Judgment signed on February 27, 2006 without regard to the merits, dismiss this case with prejudice, and tax all court costs against the party incurring same. Because the parties have met the requirements of Texas Rule of Appellate Procedure 42.1(a)(1), (1) the motion is granted, (2) the District Clerk and Court Reporter are immediately released from their respective obligations to prepare the file the appellate record in this case, (3) the trial court s Final Judgment signed on February 27, 2006 is vacated without regard to the merits, (4) the appeal is dismissed with prejudice, and (5) all costs of this appeal are taxed against the party incurring same.

Opinion delivered August 25, 2006.

Panel consisted of Worthen, C.J and Griffith, J.

(PUBLISH)