Vitri Designs CC, et al v. Eazycups USA, LLC, et alAppeal from 296th Judicial District Court of Collin County (memorandum opinion by chief justice wright)

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DISMISS; Opinion issued April 18, 2013 S In 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 STACKCORPORATION BVBA f/k/a B+1 ENTERPRISES BVBA, Appellants No. 05-13-00447-CV On Appeal from the 296th Judicial District Court, Collin County, Texas Trial Court Cause No. 296-04118-2012. Opinion delivered by Chief Justice Wright, Justices Lang-Miers and Lewis participating. V. 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. /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE 130447.op.docx 2

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