Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-12-00536-CV John Albert HUTTO, Individually and d/b/a Utopia Ranch Realty, Appellant v. Robert L. CLODFELTER, Appellee From the 38th Judicial District Court, Uvalde County, Texas Trial Court No. 11-07-028210-CV Honorable Camile G. Dubose, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Luz Elena D. Chapa, Justice Delivered and Filed: March 6, 2013 JOINT MOTION TO VACATE AND DISMISS GRANTED; VACATED AND DISMISSED The parties have filed a joint motion stating they have fully resolved and settled all issues in dispute. The parties ask that we vacate the trial court’s judgment, dismiss the case with prejudice, and dismiss the appeal. See Tex. R. App. P. 42.1(a)(2)(A); 43.2(e). The motion does not recite any agreement of the parties as to costs.

04-12-00536-CV

We grant the motion. The judgment of the trial court is vacated without reference to the merits, the case is dismissed with prejudice, and this appeal is dismissed as moot. All costs of this appeal are taxed against appellant. See TEX. R. APP. P. 42.1(d).

PER CURIAM

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