Brean Murray & Co., Inc., appellant, and Teligistics, Inc., appellee, have filed a joint motion to vacate the trial court's judgment and dismiss the entire cause pursuant to the settlement agreement of the parties. The Court finds that the motion complies with Texas Rule of Appellate Procedure 42.1(a)(2). Tex. R. App. P. 42.1(a)(2). Accordingly, the judgment of the trial court is vacated. The entire cause against Brean Murray & Co., Inc., is dismissed. Tex. R. App. P. 43.2(e). All costs are assessed against the incurring party.

VACATED AND DISMISSED.

PER CURIAM

Opinion Delivered August 26, 2004

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.