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MEMORANDUM OPINION No. 04-07-00887-CV Marguerite Irene MILLER, Appellant v. J.B. VEGA CORPORATION, Appellee From the 73rd Judicial District Court, Bexar County, Texas Trial Court No. 2007-CI-18785 Honorable Martha Tanner, Judge Presiding

PER CURIAM Sitting: Karen Angelini, Justice Sandee Bryan Marion, Jusitce Rebecca Simmons, Justice Delivered and Filed: November 5, 2008 VACATED AND APPEAL DISMISSED The parties have filed an agreed motion to dismiss this appeal in which they ask this court to order the trial court to vacate its judgment. We grant the motion to dismiss. The trial court’s judgment dated November 6, 2007 is hereby vacated and this appeal is dismissed. See Young Materials Corp. v. Smith, 4 S.W.3d 84, 84 (Tex. App.–Waco 1999, no pet.); TEX . R. APP . P. 43.2(e) (appellate court may vacate trial court’s judgment). Costs of appeal are taxed against the party who incurred them.

PER CURIAM