E.I. Du Pont De Nemours and Company v. Starr Produce Company and Elmore & Stahl, Inc.--Appeal from 381st Judicial District Court of Starr County

No. 04-00-00706-CV

E.I. DU PONT DE NEMOURS AND COMPANY,

Appellant

v.

STARR PRODUCE COMPANY and Elmore & Stahl, Inc.,

Appellees

From the 381st Judicial District Court, Starr County, Texas

Trial Court No. DC-98-303

Honorable John A. Pope, III, Judge Presiding

PER CURIAM

Sitting: Tom Rickhoff, Justice

Alma L. L pez, Justice

Catherine Stone, Justice

Delivered and Filed: May 23, 2001

DISMISSED

The parties have filed a joint motion to dismiss this appeal, stating that they have settled all issues in dispute and asking this court to vacate the trial court's judgment. The motion is granted. See Tex. R. App. P. 42.1(a)(1). All previous orders and judgments, both trial and appellate, are set aside and the cause is dismissed. See Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Hughes, 827 S.W.2d 859, 859 (Tex. 1992); Exxon Corp. v. Butler, 619 S.W.2d 399, 399 (Tex. 1981); Freeman v. Burrows, 141 Tex. 318, 171 S.W.2d 863, 863-64 (1943); Panterra Corp. v. American Dairy Queen, 908 S.W.2d 300, 301 (Tex. App.--San Antonio 1995, no writ). Costs of appeal are taxed against the party who incurred them.

PER CURIAM

DO NOT PUBLISH