Hi Soon & Young Shin Park v. Wells Fargo BankAppeal from 162nd Judicial District Court of Dallas County (memorandum opinion per curiam)

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DISMISS and VACATE; and Opinion Filed October 17, 2013. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00651-CV HI SOON & YOUNG SHIN PARK, Appellant V. WELLS FARGO BANK, AS TRUSTEE OF THE ABFC 2004-OPT2 TRUST, Appellee On Appeal from the 162nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-12-02647 MEMORANDUM OPINION Before Justices O'Neill, Lang-Miers, and Evans Opinion Per Curiam The Court has before it the parties October 10, 2013 joint motion to vacate trial judgment and dismiss appellants causes of action with prejudice and appellee s causes of action without prejudice. We GRANT the motion, VACATE the judgment of the trial court without regard to the merits, and DISMISS appellant s causes of action with prejudice and appellee s causes of action without prejudice. See TEX. R. APP. P. 42.1(a). PER CURIAM 130651F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT HI SOON & YOUNG SHIN PARK, Appellants No. 05-13-00651-CV On Appeal from the 162nd Judicial District Court, Dallas County, Texas Trial Court Cause No. DC-12-02647. Opinion delivered Per Curiam. Justices O'Neill, Lang-Miers and Evans sitting for the Court. V. WELLS FARGO BANK, AS TRUSTEE OF THE ABFC 2004-OPT2 TRUST, Appellee In accordance with this Court s opinion of this date, the judgment of the trial court is VACATED without regard to the merits. Appellants causes of action are DISMISSED with prejudice, and appellee s causes of action are DISMISSED without prejudice to the refiling of the same. It is ORDERED that each party bear its own costs of this appeal. Judgment entered this 17th day of October, 2013. /Elizabeth Lang-Miers/ ELIZABETH LANG-MIERS JUSTICE 2

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