McShaffry v. Amegy Bank N.A. (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Bland)
(
settlement reached after opinion issued, majority does not withdraw opinion, Justice Sharp would)
DISMISS APPEAL: Opinion by
Justice Jane Bland    
Before Justices Taft, Bland and Sharp  
01-08-00493-CV  Mark S. McShaffry v. Amegy Bank National Association    
Appeal from 125th District Court of Harris County
Trial Court
Judge: Hon. John Coselli

SUPPLEMENTAL MEMORANDUM OPINION
    
Mark McShaffry and Amegy Bank National Association have jointly moved this court to dismiss
their appeal under Texas Rule of Appellate Procedure 42.1(a)(2) pursuant to a settlement
agreement.  See Tex. R. App. P. 42.1(a)(2).  

The parties further request that we dismiss the appeal and withdraw our judgment and opinion
of April 2, 2009.  
We deny the motion to withdraw our April 2 opinion.  Pursuant to Texas
Rule of Appellate Procedure 42.1(c), our opinion stands without regard to the merits of this
case.  
We VACATE our judgment of April 2, 2009.  We GRANT the motion to dismiss the
appeal pursuant to settlement
.  We dismiss all other pending motions as moot.

                                                    Jane Bland

                                                   Justice

Panel consists of Judges Bland, Sharp, and Taft.[1]

Justice Sharp would withdraw the April 2 opinion.