TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-08-00339-CV

Blastro, Inc. d/b/a Blastro.Com, Appellant

v.

Data Foundry, Inc., f/k/a Texas.Net, Inc., f/k/a Texas Networking, Inc., Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 53RD JUDICIAL DISTRICT

NO. D-1-GN-04-001937, HONORABLE GUS J. STRAUSS, JR., 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. 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 M. Henson, Justice

Before Chief Justice Jones, Justices Puryear and Henson

Vacated and Dismissed

Filed: February 18, 2009