eBay Inc. v. Zurvita, Inc. Appeal from 14th Judicial District Court of Dallas County (memorandum opinion )

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VACATE and REMAND; and Opinion Filed November 19, 2014. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00925-CV EBAY INC., Appellant V. ZURVITA, INC., Appellee On Appeal from the 14th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-14-04897 MEMORANDUM OPINION Before Justices Bridges, Lang-Miers, and Myers Opinion by Justice Lang-Miers The parties have filed a joint motion to dismiss the appeal, vacate the trial court’s order, and remand this case to the trial court with instructions to enter judgment denying with prejudice appellee’s petition to perpetuate testimony from eBay. We grant the motion to the extent that we set aside the trial court’s order without regard to the merits and remand the case to the trial court for rendition of judgment in accordance with the parties’ agreement. See TEX. R. APP. P. 42.1(a)(2). /Elizabeth Lang-Miers/ ELIZABETH LANG-MIERS JUSTICE 140925F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT EBAY INC., Appellant No. 05-14-00925-CV On Appeal from the 14th Judicial District Court, Dallas County, Texas Trial Court Cause No. DC-14-04897. Opinion delivered by Justice Lang-Miers. Justices Bridges and Myers participating. V. ZURVITA, INC., Appellee In accordance with this Court’s opinion of this date, we VACATE the trial court’s order without regard to the merits and REMAND the case to the trial court for rendition of judgment in accordance with the parties' agreement. We ORDER that each party bear its own costs of this appeal. Judgment entered this 19th day of November, 2014. –2–