TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-09-00566-CV

David Fernea, Appellant v. Merrill Lynch Pierce Fenner & Smith, Inc., Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 200TH JUDICIAL DISTRICT NO. D-1-GN-09-002195, HONORABLE JOHN K. DIETZ, JUDGE PRESIDING

MEMORANDUM OPINION

The parties have filed a “Joint Motion to Vacate Judgment, Withdraw Opinion, and Dismiss Appeal,” representing that they have settled the claims at issue and no longer wish to pursue this appeal. They request that we grant their motion, vacate our judgment dated July 12, 2011, withdraw our opinion dated July 12, 2011, and dismiss this appeal. See Tex. R. App. P. 42.1(a)(1).

We grant the parties’ motion in part, specifically we withdraw our judgment dated July 12, 2011 and dismiss the appeal. However, we deny their request to withdraw our July 12, 2011, opinion. See Tex. R. App. P. 42.1(c). _____________________________________________ J. Woodfin Jones, Chief Justice Before Chief Justice Jones, Justices Puryear and Pemberton Dismissed on Appellant’s Motion Filed: November 5, 2014