The parties have filed a joint agreed motion to dismiss based on their settlement agreement. See Tex. R. App. P. 42.1(a). The parties also ask us to vacate the trial court judgment. We grant the motion, vacate the trial court judgment, and dismiss the case. Tex. R. App. P. 43.2(e) (types of judgments from appellate court). The parties have further asked that we assess no costs against either party. We assume they mean that costs are to be taxed to the party incurring same, as no party is indigent. See id. at 43.4 (judgment for costs in civil cases).

Before Justices Kidd, B. A. Smith and Puryear

Judgment Vacated and Cause Dismissed on Joint Motion

Filed: February 28, 2001

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