TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-08-00137-CV

Rosco, Inc. d/b/a Grand Prairie Country Club, Appellant

v.

Horizon Distributors, Inc., Appellee

FROM COUNTY COURT AT LAW NO. 2 OF TRAVIS COUNTY

NO. C-1-CV-07-005134, HONORABLE ERIC SHEPPERD, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

The parties to this appeal have filed a joint motion to vacate the trial court's judgment and dismiss this case without prejudice. We grant the motion, vacate the judgment without reference to the merits, and dismiss this case. See Tex. R. App. P. 42.1(a), 43.2(e).

__________________________________________ Diane Henson, Justice

Before Justices Patterson, Puryear and Henson

Vacated and Remanded

Filed: March 28, 2008