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

          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]