Alfredo Torres v. State Farm Lloyds

• Court: Court of Appeals of Texas
• Decided: February 15, 2024
• Docket: 13-23-00364-CV
• Status: Published

Opinion

NUMBER 13-23-00364-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

ALFREDO TORRES, Appellant,

v.

STATE FARM LLOYDS, Appellee.

On appeal from the County Court at Law No. 2 of Cameron County, Texas.

MEMORANDUM OPINION

Before Chief Justice Contreras and Justices Benavides and Tijerina, Memorandum Opinion by Justice Benavides

Appellant Alfredo Torres filed a notice of appeal from an order granting summary

judgment in favor of appellee State Farm Lloyds. On August 24, 2023, pursuant to a joint

motion filed by the parties, the Court abated the appeal because the Supreme Court of

Texas accepted a certified question from the United States Court of Appeals for the Fifth Circuit that was central to this appeal. Torres has since filed an unopposed motion to

dismiss the appeal, informing the Court that he no longer wishes to pursue the matter.

Because dismissal would not prevent State Farm Lloyds from seeking relief to

which it would otherwise be entitled, the Court reinstates the appeal, grants the motion,

and dismisses the appeal. See TEX. R. APP. P. 42.1(a)(1). Appellate costs will be taxed

against Torres. See id. R. 42.1(d) (“Absent agreement of the parties, the court will tax

costs against the appellant.”). Having dismissed the appeal at Torres’s request, no motion

for rehearing will be entertained.

GINA M. BENAVIDES Justice

Delivered and filed on the 15th day of February, 2024.