Dismissed and Memorandum Opinion filed February 12, 2009.

In The

Fourteenth Court of Appeals

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NO. 14-09-00046-CV

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UNIFUND CCR PARTNERS, Appellant

V.

MARGARET P. KILLIAN, Appellee

On Appeal from the County Civil Court at Law No. 3

Harris County, Texas

Trial Court Cause No. 916136

M E M O R A N D U M   O P I N I O N

This is an appeal from a judgment signed October 2, 2008.  On February 6, 2009, appellant filed an agreed motion to dismiss the appeal and vacate the judgment below.   See Tex. R. App. P. 42.1.  The motion is granted.

Accordingly, the appeal is ordered dismissed.  The trial court=s judgment is ordered vacated and the case dismissed with prejudice.

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Anderson and Seymore.