Hallmark Specialty Underwriters, Inc. and Hallmark Specialty Insurance Company v. Texas Mutual Insurance Company

Opinion

ACCEPTED

03-15-00219-CV

6207530

THIRD COURT OF APPEALS

AUSTIN, TEXAS

7/24/2015 9:31:41 AM

JEFFREY D. KYLE

CLERK

CAUSE NO. 03-15-00219-CV FILED IN 3rd COURT OF APPEALS

AUSTIN, TEXAS

7/24/2015 9:31:41 AM

IN THE THIRD COURT OF APPEALS JEFFREY D. KYLE Clerk

AUSTIN, TEXAS

HALLMARK SPECIALTY UNDERWRITERS, INC. and HALLMARK SPECIALTY INSURANCE COMPANY, Appellants v.

TEXAS MUTUAL INSURANCE COMPANY, Appellee

From the 98th Judicial District Court, Travis County, Texas

APPELLANTS HALLMARK SPECIALTY UNDERWRITERS, INC. and HALLMARK SPECIALTY INSURANCE COMPANY’s MOTION FOR VOLUNTARY DISMISSAL

TO THE HONORABLE COURT

NOW COME Appellants Hallmark Specialty Underwriters, Inc. and

Hallmark Specialty Insurance Company (“Appellants”) and file this, their Motion

for Voluntary Dismissal pursuant to Rule 42.1 of the Texas Rules of Civil

Procedure and, in support thereof, would show as follows:

I.

The parties herein have resolved their differences regarding the present

matter. Appellants therefore voluntarily dismiss the present appeal pursuant to

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Rule 42.1 of the Texas Rules of Appellate Procedure and the parties agree that all

appellate costs are to be paid by the party incurring same.

II.

WHEREFORE, PREMISES CONSIDERED, Appellants pray that this court

dismiss the present appeal in light of the parties’ resolution of this matter.

Respectfully submitted,

CURNEY, FARMER, HOUSE, & OSUNA, P.C. 411 Heimer Road San Antonio, Texas 78232-4854 (210) 377-1990 (telephone) (210) 377-1065 (facsimile)

By: /s/ Wm. David Farmer

Wm. David Farmer State Bar No. 06826470 Email: wdfarmer@cfholaw.com Chad W. Schreiber State Bar No. 24085732 Email: cschreiber@cfholaw.com

Attorneys for Appellants Hallmark Mutual Insurance Company and Hallmark Specialty Insurance Company CERTIFICATE OF CONFERENCE

Opposing counsel has agreed to and is unopposed to Appellant’s request under this Motion.

Date: July 24, 2015

By: /s/ Wm. David Farmer Wm. David Farmer

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CERTIFICATE OF SERVICE

I certify that a true and correct copy of the foregoing has been served on the following by Electronic Filing Service Provider (EFSP), email, hand delivery, facsimile, and/or certified mail, return receipt requested, on the 24th day of July, 2015: Via E-mail: splacek@arnoldplacek.com sarnold@arnoldplacek.com jchaltain@arnoldplacek.com R. Scott Placek Scott Arnold Jonathan Chaltain Arnold & Placek, PC 203 East Main Street, Suite 201 Round Rock, Texas 78664 Telephone: (512) 341-7044 Facsimile: (512) 341-7921

Trial Attorneys for Appellee Texas Mutual Insurance Company

/s/ Wm. David Farmer

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