                            NUMBER 13-01-00844-CV

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
______________________________________________________________

SULZER ORTHOPEDICS INC.,                                                     Appellant,

                                           v.

HELEN I. RUPP AND BERNARD RUPP,
NAOMI B. BONORDEN, LILLIAN SALLINGER
AND CARL SALLINGER,                                 Appellees.
_____________________________________________________________

            On Appeal from the County Court at Law No. 4
                     of Nueces County, Texas.
______________________________________________________________

                         MEMORANDUM OPINION

           Before Chief Justice Valdez and Justices Garza and Vela
                     Memorandum Opinion Per Curiam

      This case is before the Court on a joint motion to vacate the trial court’s judgment

and render judgment of dismissal. The parties have reached an agreement with regard

to the disposition of the matters currently on appeal. Pursuant to agreement, the parties
request this Court to vacate the trial court’s judgment and render judgment dismissing all

claims with prejudice and tax any costs against the party that incurred it.

       The joint motion to vacate and render judgment dismissing all claims with prejudice

is GRANTED. Accordingly, we vacate the trial court’s judgment and DISMISS the case.

See TEX . R. APP. P. 42.1(a)(2)(A). In accordance with the agreement of the parties, costs

are taxed against the party incurring same. See TEX . R. APP. P. 42.1(d). The parties’

request to expedite the mandate is GRANTED.

                                                               PER CURIAM

Memorandum Opinion delivered and
filed this the 7th day of May, 2009.




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