November 26, 2003.
On appeal from the 164th District Court of Harris County, Texas.
Before Justices RODRIGUEZ, CASTILLO, and GARZA.
Appellants, RADNOR CHEMICAL CORPORATION, STYROCHEM U.S., LTD., STYROCHEM CANADA, LTD. and WINCUP HOLDINGS, INC., perfected an appeal from a judgment entered by the 164th District Court of Harris County, Texas, in cause number 2002-65507. After the clerk's record was filed, the parties filed an agreed motion to vacate judgment and dismiss with prejudice. In the motion, the parties state that they have agreed to settle their dispute and resolve all issues raised in this lawsuit. As part of the settlement, the parties jointly request and move this Court to vacate the final summary judgment order entered by the trial court on June 13, 2003, and dismiss this cause with prejudice with each party to bear its own costs.
The Court, having considered the documents on file and the parties' agreed motion, is of the opinion that the motion should be granted. The agreed motion to vacate judgment and dismiss with prejudice is GRANTED. The judgment of the trial court is VACATED, and the appeal is hereby DISMISSED. Costs of appeal are adjudged against the party incurring same.