MEMORANDUM OPINION

The appellant, Mike Garner, and the appellee, Brent Scott, filed a joint motion to vacate the trial court's judgment and dismiss all claims with prejudice. The parties allege they have reached a settlement agreement and ask the Court to vacate the judgment of the trial court without regard to the merits. The motion is voluntarily made by the parties prior to any decision of this Court. See Tex. R. App. P. 42.1(a)(2). No other party filed notice of appeal.

The joint motion to dismiss is granted. Accordingly, we vacate the judgment of the trial court and dismiss the entire case. Tex. R. App. P. 43.2(e).

JUDGMENT VACATED; CASE DISMISSED.

DAVID GAULTNEY

Justice

Opinion Delivered June 25, 2009

Before McKeithen, C.J., Gaultney and Horton, JJ.