City of San Antonio, Acting By and Through the San Antonio Water System v. Lower Colorado River Authority; Rebecca A. Klein; Michael G. McHenry; Linda C. Raun; Tom Martine; Steve K. Balas; Lori A. Berger; Ida A. Carter; John C. Dickerson, III; Vernon E. Buddy Schrader; W.F. Woody McCasland; Franklin Scott Spears, Jr.; et al.--Appeal from 200th District Court of Travis County (majority)

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-10-00085-CV City of San Antonio, Acting By and Through the San Antonio Water System, Appellant v. Lower Colorado River Authority; Rebecca A. Klein; Michael G. McHenry; Linda C. Raun; Tom Martine; Steve K. Balas; Lori A. Berger; Ida A. Carter; John C. Dickerson, III; Vernon E. Buddy Schrader; W.F. Woody McCasland; Franklin Scott Spears, Jr.;Timothy T. Timmerman; Kathleen Hartnett White; and Richard Dick White, Appellees FROM THE DISTRICT COURT OF TRAVIS COUNTY, 200TH JUDICIAL DISTRICT NO. D-1-GN-09-002760, HONORABLE STEPHEN YELENOSKY, JUDGE PRESIDING MEMORANDUM OPINION The parties have filed an unopposed joint motion to dismiss the appeal, explaining that they have settled their dispute. We withdraw our original judgment, dated July 29, 2011, substituting this one in its place, grant the joint motion, set aside the trial court s judgment without regard to the merits, and remand the cause to the trial court for rendition of a final judgment in accordance with the parties agreement. See Tex. R. App. P. 42.1(a). We dismiss appellees pending motion for rehearing. __________________________________________ David Puryear, Justice Before Chief Justice Jones, Justices Puryear and Pemberton Vacated and Remanded Filed: December 16, 2011

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