Rayford W. Addington v. Bank of America, N.A. and Shannon James

IN THE TENTH COURT OF APPEALS No. 10-03-00342-CV Rayford W. Addington, Appellant v. Bank of America, N.A. and Shannon James, Appellees From the 101st District Court Dallas County, Texas Trial Court # 02-05788 MEMORANDUM Opinion The parties have filed an agreed motion to dismiss “the entire case with prejudice.” We construe this as a request to “vacate the trial court’s judgment and dismiss the case.” See Tex. R. App. P. 43.2(e); Young Materials Corp. v. Smith, 4 S.W.3d 84, 84-85 (Tex. App.—Waco 1999, no pet.). The motion is granted. The judgment of the trial court is vacated, and the case is dismissed with prejudice. Pursuant to the parties’ agreement, costs are taxed against the party incurring same. Id. 42.1(d), 43.4. PER CURIAM Before Chief Justice Gray, Justice Vance, and Justice Reyna Judgment vacated, case dismissed Opinion delivered and filed May 4, 2005 [CV06]