Continental Casualty Company/Margarita A. Morales, Individually and as Next Friend of Paulette Morales and Laura Morales, Minor Children of Guadalupe D. Morales v. Margarita A. Morales, Individually and as Next Friend of Paulette Morales and Laura Morales, Minor Children of Guadalupe D. Morales, Deceased/Liberty Mutual Insurance Company

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

CONTINENTAL CASUALTY § No.08-09-00325-CV COMPANY/MARGARITA A. MORALES, INDIVIDUALLY AND AS § Appeal from the NEXT FRIEND OF PAULETTE MORALES AND LAURA MORALES, § County Court at Law No. 7 MINOR CHILDREN OF GUADALUPE D. MORALES, DECEASED, § of El Paso County, Texas

Appellant, § (TC# 2003-4499)

v. §

MARGARITA A. MORALES, § INDIVIDUALLY AND AS NEXT FRIEND OF PAULETTE MORALES § AND LAURA MORALES, MINOR CHILDREN OF GUADALUPE D. § MORALES, DECEASED/LIBERTY MUTUAL INSURANCE COMPANY,

Appellee. MEMORANDUM OPINION

The opinion issued by the Court on May 19, 2010 is withdrawn and the following is the

opinion of the Court.

Pending before the Court is an agreed motion for rehearing filed in response to our dismissal

of the appeal pursuant to the parties’ settlement agreement under TEX . R. APP . P. 42.1(a)(2). In it,

the parties contend that the case should be remanded to the trial court to effectuate the parties’

agreement. We agree and therefore withdraw our prior opinion and issue this one in its place.

Accordingly, without regard to the merits, we grant the motion for rehearing, vacate the trial court’s

judgment, and remand the case to the trial court for rendition of judgment in accordance with the

parties’ settlement agreement. See TEX . R. APP . P. 42.1(a)(2)(B). Because the motion does not reflect that the parties have made any agreement regarding costs, we assess costs against the

Appellant. See TEX . R. APP . P. 42.1(d).

GUADALUPE RIVERA, Justice June 2, 2010

Before Chew, C.J., McClure, and Rivera, JJ.