Supreme Court of Texas.
Angel RITCHEY and Haggar Apparel Company, Petitioners,
Dominga VASQUEZ, Respondent.
Feb. 4, 1999.
Attorneys & Firms
*612 Gregory F. Cox, Dallas, for Petitioners.
Aaron Pena, Jr., Miguel Salinas, Edinburg, for Respondent.
Respondent sued petitioners, the district court granted summary judgment for petitioners, the court of appeals reversed and remanded, Speer v. Presbyterian Children’s Home and Serv. Agency, 847 S.W.2d 227, 229 (Tex.1993). It follows that in dismissing the cause as moot we cannot make the dismissal with prejudice.
Petitioners move us to vacate the court of appeals’ opinion, but we decline to do so, consistent with our usual procedure. Houston Cable TV, Inc. v. Inwood West Civic Ass’n, 860 S.W.2d 72, 73 (Tex.1993).
Accordingly, petitioners’ motion is denied, respondent’s motion is granted in part, the petition for review is granted, the judgments of the court of appeals and of the district court are vacated without reference to the merits, and the cause is dismissed as moot.