February 13, 2014

JUDGMENT The Fourteenth Court of Appeals R.F. BEARDEN, Appellant NO. 14-13-00578-CV V. WALTON HOUSTON GALLERIA OFFICE, LP, Appellee ________________________________ The Court’s judgment issued January 9, 2014 is withdrawn. Today the Court heard the parties joint motion to vacate the judgment below and dismiss the appeal from the judgment signed by the court below on April 17, 2013. Having considered the motion and found it meritorious, we order the judgment signed April 17, 2014 VACATED and the appeal DISMISSED.

We further order that each party shall pay its costs by reason of this appeal.

We further order that mandate be issued immediately.

We further order this decision certified below for observance.