Certain Underwriters at Lloyd's NCS Inc Angela M. Smith, Individually and as Next Friend of Brandon William Hendrix a Minor v. Smith, Angela M. , Individually and as Next Friend of Brandon William Hendrix a Minor

• Court: Court of Appeals of Texas
• Decided: October 3, 2002
• Docket: 14-00-00391-CV
• Status: Published

Opinion

Judgment of April 25, 2002 Vacated, Dismissed and Opinion filed October 3, 2002

Judgment of April 25, 2002 Vacated, Dismissed and Opinion filed October 3, 2002.

In The

Fourteenth Court of Appeals

____________

NO. 14-00-00391-CV

CERTAIN UNDERWRITERS AT LLOYD=S, LONDON, C.M. OWEN, P.M. DONNER, D.W. SEAR, T.W. BRIEN, J.D. LLOYD, P.W. MURRELL, M.J. DAVIS, J.H. DAVIES, R.A. LISSENDEN, R.J.H. PAYNE, J.M. DONNER, D.R. NEIL, V.W. BROAD, A.P. TARGETT, A.J. AVERY, P.G. BUTLER, P.J.M. BATTLE, R.J. DACKOMBE, J.W. DENDY, R.D. HAZELL, J.B. HOSE, J.P. TILLING, S.J. BURNHOPE, J.S. DARLING, R.J. MORSE, G.A. MORESE, G.A. ARGENT, G.M. CHICHESTER, D.A. THOMAS, S.D. CHAPPEL, B.P.D. KELLETT, A.F. WHITBREAD, P.A. MINTER, T.G. GREEN, B.P. BARTELL, P.E. HOLLAND, J.H. BRISTOW, AND NATIONAL CONVENIENCE STORES, INC., Appellants/Cross-Appellees

V.

ANGELA M. SMITH, INDIVIDUALLY AND AS NEXT FRIEND OF BRANDON WILLIAM HENDRIX, A MINOR, Appellees/Cross-Appellants

On Appeal from the 333rd District Court

Harris County, Texas

Trial Court Cause No. 96-52348

M E M O R A N D U M   O P I N I O N

This Court issued its opinions in this case on April 25, 2002.  The parties filed a joint motion to abate the appeal and remand the case to the trial court for approval of a settlement involving the minor.  We granted the motion and abated the appeal.

On September 23, 2002, the parties filed a joint motion to dismiss their respective appeals because the case has been settled and the trial court has approved the settlement.  See Tex. R. App. P. 42.1.  The motion is granted.

Accordingly, we lift our abatement ordered April 25, 2002 and reinstate the case.  Our judgment of April 25, 2002 is vacated, but we do not withdraw the Court=s opinions issued on April 25, 2002.  See Tex. R. App. P. 42.1(c) (in dismissing a proceeding, the court of appeals will determine whether to withdraw any opinion it has already issued).  The appeals are ordered dismissed. 

PER CURIAM

Judgment rendered and Opinion filed October 3, 2002.

Panel consists of Chief Justice Brister and Justices Fowler and Seymore.

Do Not Publish C Tex. R. App. P. 47.3(b).