NUMBER 13-01-00844-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ______________________________________________________________ SULZER ORTHOPEDICS INC., Appellant, v. HELEN I. RUPP AND BERNARD RUPP, NAOMI B. BONORDEN, LILLIAN SALLINGER AND CARL SALLINGER, Appellees. _____________________________________________________________ On Appeal from the County Court at Law No. 4 of Nueces County, Texas. ______________________________________________________________ MEMORANDUM OPINION Before Chief Justice Valdez and Justices Garza and Vela Memorandum Opinion Per Curiam This case is before the Court on a joint motion to vacate the trial court’s judgment and render judgment of dismissal. The parties have reached an agreement with regard to the disposition of the matters currently on appeal. Pursuant to agreement, the parties request this Court to vacate the trial court’s judgment and render judgment dismissing all claims with prejudice and tax any costs against the party that incurred it.

The joint motion to vacate and render judgment dismissing all claims with prejudice is GRANTED. Accordingly, we vacate the trial court’s judgment and DISMISS the case.

See TEX . R. APP. P. 42.1(a)(2)(A). In accordance with the agreement of the parties, costs are taxed against the party incurring same. See TEX . R. APP. P. 42.1(d). The parties’ request to expedite the mandate is GRANTED.

PER CURIAM Memorandum Opinion delivered and filed this the 7th day of May, 2009.