Vacated and Dismissed and Opinion filed December 1, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-05-00572-CV

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RUTHERFORD OIL CORPORATION; and Intervenors, PRIZE ENERGY RESOURCES; MIKE G. RUTHERFORD, Individually; MICK G. RUTHERFORD, as Co-Trustee of the Residual Trusts under the will of PAT R. RUTHERFORD, SR.; PAT R. RUTHERFORD, JR., Individually; PAT R. RUTHERFORD, JR., as Co-Trustee of the Residual Trusts under the Will of PAT R. RUTHERFORD, SR.; PAT R. RUTHERFORD, JR., as the Administrator of the Estate of KATHRYN LEE RUTHERFORD; BUDA PARTNERSHIP; PATRICK R. RUTHERFORD III; MARY E. RUTHERFORD; DAVID T. RUTHERFORD; PAUL M. RUTHERFORD; and CHERIE CARVER, as Trustee of the STEVAN D. RUTHERFORD 1975 TRUST, Appellants

V.

SMITH INTERNATIONAL, INC., Appellee

On Appeal from the 61st District Court

Harris County, Texas

Trial Court Cause No. 02-65293

M E M O R A N D U M   O P I N I O N

This is an appeal from a judgment signed March 7, 2005.

On November 21, 20053,  the parties filed a joint motion to vacate the trial court=s judgment and remand this the case use to the trial court for dismissal. of all claims.  See Tex. R. App. P. 42.1.  Because the rules provide authority give for this court authority to vacate the judgment and dismiss the case, we construe the joint motion to request this disposition.  Construing the motion to request we vacate and dismiss, we grant the motion.

Accordingly, the judgment is vacated and the trial court case use is ordered dismissed.

PER CURIAM

Judgment rendered and Opinion filed December 1, 2005.

Panel consists of Justices Hudson, Frost, and Seymore.