Thomas Suehs, in his Official Capacity as Executive Director of the Texas Health and Human Services Commission, Appellant v. USPD LLC LLC (2012)

Court of Appeals of Texas, Austin.

Thomas Suehs, in his Official Capacity as Executive Director of the Texas Health and Human Services Commission, Appellant v. Alpharma USPD, now known as Actavis Mid Atlantic LLC and Purepac Pharmaceutical Co., now known as Actavis Elizabeth LLC, Appellees

NO. 03–11–00408–CV

Decided: March 28, 2012

Before Justices Puryear, Henson and Goodwin

M E M O R A N D U M O P I N I O N

This appeal was abated on December 30, 2011, pending consummation of settlement. The parties have filed an agreed motion to set aside the temporary injunction without regard to the merits and remand the case to the trial court for dismissal with prejudice in accordance with their settlement agreement. See Tex.R.App. P. 42.1(a)(2)(B). Accordingly, we reinstate this appeal and grant the parties' agreed motion. Without regard to the merits, we vacate the temporary injunction and remand the case to the trial court.

Vacated and Remanded

Melissa Goodwin, Justice

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