COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

DAVID NELSON, INDIVIDUALLY § AND D/B/A COLLECTIVE No. 08-10-00222-CV CONTRACTING, A SOLE § PROPRIETORSHIP; AND E.E. HOOD & Appeal from the SONS, INC., § 45th District Court Appellants, § of Bexar County, Texas v. § (TC# 2006-CI-18807) VERNCO CONSTRUCTION, INC., § Appellee.

JUDGMENT The Court has considered this cause on the record and concludes the trial court’s judgment should be vacated and the case dismissed. We therefore vacate the trial court’s judgment and dismiss the case. We further order Appellee pay all costs of this appeal, and this decision be certified below for observance.

IT IS SO ORDERED THIS 10TH DAY OF JULY, 2013.

GUADALUPE RIVERA, Justice Before McClure, C.J., Rivera, and Antcliff, JJ.

Antcliff, J., not participating