MEMORANDUM OPINION No. 04-10-00677-CV LaPoe SMITH, Jr., Appellant v. Marlon JOPLIN, Appellee From the 37th Judicial District Court, Bexar County, Texas Trial Court No. 2005-CI-18721 Honorable Gloria Saldaña, Judge Presiding PER CURIAM Sitting: Phylis J. Speedlin, Justice Rebecca Simmons, Justice Steven C. Hilbig, Justice Delivered and Filed: January 12, 2011 VACATED and DISMISSED The parties have filed a joint motion stating that they have reached a settlement and requesting that this court vacate the trial court’s judgment and dismiss the case. The motion is granted. The trial court’s judgment dated June 24, 2010 is vacated, and this appeal and the underlying cause are dismissed. TEX. R. APP. P. 42.1(a)(2)(A); 43.2(e). Costs of the appeal are taxed against the appellant. TEX. R. APP. P. 42.1(d).

PER CURIAM