Universal Am-Can, Ltd. v. Noval, S.A. de C.V.--Appeal from 111th Judicial District Court of Webb County

MEMORANDUM OPINION
No. 04-04-00225-CV
UNIVERSAL AM-CAN, LTD.,
Appellant
v.
NOVAL, S.A. DE C.V.,
Appellee
From the 111th Judicial District Court, Webb County, Texas
Trial Court No. 2003-CVQ-001433-D2
Honorable Raul Vasquez, Judge Presiding

PER CURIAM

Sitting: Karen Angelini, Justice

Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: October 20, 2004

DISMISSED

Appellant has filed an unopposed motion to dismiss this appeal, stating that the parties have fully compromised and settled all issues in dispute. Because the appeal and underlying cause are now moot, appellant requests that we dismiss the appeal and set aside the lower court's judgment. The motion is granted. See Tex. R. App. P. 42.1(a)(1). Because the cause is moot, 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 v. American Dairy Queen, 908 S.W.2d 300, 301 (Tex. App.--San Antonio 1995, no writ). Costs of appeal are taxed against the parties who incurred them.

PER CURIAM