Gloria Pena v. State Farm Lloyds

• Court: Court of Appeals of Texas
• Decided: February 15, 2024
• Docket: 13-23-00322-CV
• Status: Published

Opinion

NUMBER 13-23-00322-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

GLORIA PENA, Appellant,

v.

STATE FARM LLOYDS, Appellee.

On appeal from the County Court at Law No. 4 of Cameron County, Texas.

MEMORANDUM OPINION

Before Justices Longoria, Silva, and Peña Memorandum Opinion by Justice Peña

We previously granted the parties’ joint motion to abate this appeal until the

resolution of Rodriguez v. Safeco Ins. Co. of Ind., which was pending in the Texas

Supreme Court, see No. 23–0534, on a question certified by the Fifth Circuit Court of

Appeals. See No. 22-11070, 2023 WL 4484240 (5th Cir. July 12, 2023). The Texas Supreme Court has since issued an opinion in that case. See Rodriguez v. Safeco Ins.

Co. of Ind., No. 23-0534, 2024 WL 388142 (Tex. Feb. 2, 2024).

Appellant has now filed an unopposed motion to dismiss appeal stating that she

no longer wishes to pursue her appeal. The Court, having considered the motion, is of

the opinion that the motion should be granted. See TEX. R. APP. P. 42.1(a)(1). Therefore,

we reinstate the appeal, grant appellant’s motion to dismiss, and dismiss the appeal.

Costs will be taxed against the appellant. See id. R. 42.1(d) (“Absent agreement of the

parties, the court will tax costs against the appellant.”). Because the appeal is dismissed

at the appellant’s request, no motion for rehearing will be entertained.

L. ARON PEÑA JR Justice

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