TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

ON MOTION FOR REHEARING

NO. 03-22-00451-CV

Chupik Properties and Design, Inc., and Randall Chupik, Appellants v. MCCS, Ltd., Appellee

FROM THE 250TH DISTRICT COURT OF TRAVIS COUNTY NO. D-1-GN-19-006861, THE HONORABLE LORA J. LIVINGSTON, JUDGE PRESIDING

MEMORANDUM OPINION

This Court issued its opinion and judgment in this case April 24, 2024. On June 20, 2024, appellants and appellee filed a joint motion notifying the Court that they had reached a mutual settlement of the underlying claims and requesting that we dismiss the case with prejudice.1 See Tex. R. App. P. 42.1(a)(2)(A). Accordingly, we grant the parties’ joint motion, vacate the trial court’s judgment, withdraw our judgment dated April 24, 2024, and dismiss the case with prejudice. See id. R. 42.1(a)(2)(A), (c), 43.2(e). We tax costs against the party incurring same.

This Court granted appellee’s multiple motions for extension of time to file a motion for rehearing and has construed the parties’ joint motion as a motion for rehearing. See Tex. R. App. P. 19.1 (providing that pending motion for rehearing extends appellate court’s period of plenary power). __________________________________________ Thomas J. Baker, Justice Before Justices Baker, Kelly, and Theofanis Vacated and Dismissed on Motion for Rehearing Filed: July 5, 2024