Opinion issued July 15, 2004

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-03-00398-CV

____________

AVI MARKOWITZ, M.D., Appellant

V.

ST. JOSEPH REGIONAL HEALTH CENTER, Appellee

* * * * *

ST. JOSEPH REGIONAL HEALTH CENTER, Appellant

V.

AVI MARKOWITZ, M.D., Appellee

On Appeal from the 361st District Court

Brazos County, Texas

Trial Court Cause No. 50489

MEMORANDUM OPINION

          The parties have filed a joint motion to vacate the trial court’s judgment and a subsequent order on discovery sanctions because they have fully compromised and settled the issues in their dispute. The parties also request we dismiss their appeals. No opinion has issued.

          Based on the parties’ request, and without reference to the merits, we vacate the trial court’s modified final judgment signed January 22, 2003 and dismiss the case. Young Materials Corp. V. Smith, 4 S.W.3d 84, 84-85 (Tex. App.—Waco 1999, no pet.); Tex. R. App. P. 43.2(e). The request to dismiss the appeals is dismissed as moot.

          All other pending motions in this appeal are dismissed as moot. The Clerk is directed to issue mandate within 10 days of the date of this opinion. Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Taft and Bland.