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MEMORANDUM OPINION No. 04-08-00228-CV Richard L. EMERY, Donna S. Emery, and R.L. Emery Investment Group, Inc., Appellants v. Paul T. PHILIPPUS, III, Appellee From the 131st Judicial District Court, Bexar County, Texas Trial Court No. 2005-CI-19845 Honorable Peter Sakai, Judge Presiding PER CURIAM Sitting: Alma L. López, Chief Justice Catherine Stone, Justice Karen Angelini, Justice Delivered and Filed: August 13, 2008 VACATED AND DISMISSED On June 16, 2008, this appeal was abated for mediation. The parties have filed a joint motion stating that they were able to reach a full and complete settlement and requesting that this court vacate the trial court’s judgment and dismiss the case. The appeal is hereby reinstated on our docket. The motion is granted. The trial court’s judgment is vacated, and this appeal and the underlying cause are dismissed. TEX . R. APP . P. 42.1(a)(2); 43.2(e). Costs are taxed against the parties who incurred them.

PER CURIAM