Memorandum Opinion issued January 16, 2003

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-02-00470-CV

____________

PERSHA BATY INSURANCE AGENCY, INC., Appellant

V.

A.V.A. SERVICES, INC., Appellee

* * * * * *

A.V.A. SERVICES, INC., Appellant

V.

PERSHA BATY INSURANCE AGENCY, INC., Appellee

On Appeal from the 149th District Court

Brazoria County, Texas

Trial Court Cause No. 94M2978

MEMORANDUM OPINION

Appellant/appelllee, Persha Baty Insurance Agency, Inc. and appellee/appellant, A.V.A. Services, Inc. have filed a joint motion to vacate the trial court's judgment and dismiss the case with prejudice. See Tex. R. App. P. 42.1(a)(2).

Accordingly, the motion is granted, the trial court's judgment is vacated, and the case is dismissed with prejudice. Tex. R. App. P. 43.2(e).

The parties will each bear their own costs.

PER CURIAM

Panel consists of Justices Hedges, Jennings, and Alcala.