Essex Insurance Company v. Rafael Zuniga

Court of Appeals of Texas·Decided September 24, 2015·No. 04-15-00587-CV·Published

Opinion

ACCEPTED

04-15-00587-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

9/24/2015 4:55:25 PM

KEITH HOTTLE

CLERK

No. 04-15-00587-CV

FILED IN

4th COURT OF APPEALS

In the Fourth District Court of Appeals SAN ANTONIO, TEXAS San Antonio, Texas 09/24/2015 4:55:25 PM KEITH E. HOTTLE

Clerk

ESSEX INSURANCE COMPANY,

Appellant,

v.

RAFAEL ZUNIGA,

Appellee.

On Appeal from the 229th Judicial District Court Duval County, Texas Cause No. DC-13-112-A

JOINT MOTION TO DISMISS APPEAL

TO THE HONORABLE COURT OF APPEALS:

Pursuant to Texas Rule of Appellate Procedure 42.1(a)(2), Appellant Essex

Insurance Company (“Appellant”), and Appellee Rafael Zuniga (“Appellee”),

jointly move the Court to dismiss this appeal.

1. Appellant and Appellee are the sole parties to this appeal.

2. Appellant and Appellee have fully settled all matters between them

related to the subject matter of the appeal and wish to dismiss the appeal to

effectuate their settlement.

3. As indicated by their signatures below, both Appellant and Appellee

join in this motion, and the parties will bear their own costs associated with the

appeal.

CONCLUSION AND PRAYER

For these reasons, Appellant and Appellee respectfully request that the Court

dismiss this appeal and assess costs of the appeal against the party incurring same.

Respectfully submitted,

/s/ Joseph A. Ziemianski Joseph A. Ziemianski State Bar No. 00797732 E-mail: jziemianski@cozen.com Bryan P. Vezey State Bar No. 00788583 E-mail: bvezey@cozen.com COZEN O’CONNOR One Houston Center 1221 McKinney St., Suite 2900 Houston, Texas 77010 Telephone: (832) 214-3900 Telecopier: (832) 214-3905

ATTORNEYS FOR APPELLANT, ESSEX INSURANCE COMPANY

/s/ Robert P. Wilson *Signed by Permission Robert P. Wilson State Bar No. 21718575 rwilson@thomasjhenrylaw.com Roger L. Turk State Bar No. 00788561 rlturk@thomasjhenrylaw.com LAW OFFICES OF THOMAS J. HENRY 521 Starr Street Corpus Christi, Texas 78401 Telephone: (361) 985-0600 Facsimile: (361) 985-0601

ATTORNEYS FOR APPELLEE, RAFAEL ZUNIGA

CERTIFICATE OF CONFERENCE The undersigned counsel certifies that I communicated with Robert Wilson,

counsel for Appellee, on September 24, 2015, regarding this motion to dismiss

appeal, and he stated that his client joins in the relief sought in this motion.

/s/ Bryan P. Vezey Bryan P. Vezey

CERTIFICATE OF SERVICE

On September 24, 2015, I electronically filed this Joint Motion to Dismiss

Appeal with the Clerk of the Court using the eFile.TXCourts.gov electronic filing

system, which will send notification of such filing to the following (unless

otherwise noted below).

Robert P. Wilson Roger L. Turk LAW OFFICES OF THOMAS J. HENRY 521 Starr Street Corpus Christi, Texas 78401 Facsimile: (361) 985-0601 E-mail: rwilson@thomasjhenrylaw.com E-mail: rlturk@thomasjhenrylaw.com Attorneys for Appellee, Rafael Zuniga

/s/ Joseph A. Ziemianski Joseph A. Ziemianski

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