NUMBER 13-02-526-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI- EDINBURG

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BRIDGESTONE CORPORATION,   Appellant,

v.

JUAN LOPEZ, ET AL.,                                                      Appellees.

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On appeal from the 319th District Court of

Nueces County, Texas.

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MEMORANDUM OPINION ON REMAND

Before Justices Hinojosa, Yañez and Garza

Per Curiam Memorandum Opinion

         In our original opinion in this case, issued April 1, 2004, we affirmed the trial court’s denial of appellant’s special appearance motion. Following the issuance of our opinion, a petition for review was filed in the Texas Supreme Court. Thereafter, the parties reached a settlement agreement. Pursuant to the settlement agreement, the Texas Supreme Court granted the petition for review without reference to the merits, vacated this Court’s judgment, and remanded to this Court for further proceedings in accordance with the parties’ settlement agreement.

         On April 15, 2005, the parties filed a joint motion to withdraw this Court’s April 1, 2004 opinion. The Court, having considered the documents on file and the joint motion to withdraw our April 1, 2004 opinion, is of the opinion that the motion should be denied. The joint motion to withdraw our April 1, 2004 opinion is DENIED. However, pursuant to the parties’ representation that the settlement agreement has been approved by the trial court, the appeal is hereby DISMISSED. In accordance with the Supreme Court’s orders, costs of the appeal and in the court below are adjudged against the party incurring the same.

                                                               PER CURIAM

Memorandum Opinion delivered and filed

this the 28th day of April, 2005.