Insurance Company of the State of Pennsylvania v. Ray Ahlers

• Court: Court of Appeals of Texas
• Decided: March 27, 2008
• Docket: 13-08-00102-CV
• Status: Published

Opinion

NUMBER 13-08-102-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

_____________________________________________________________

INSURANCE COMPANY

OF THE STATE OF PENNSYLVANIA,

Appellant,

v.

RAY AHLERS, Appellee.

____________________________________________________________

On appeal from the 36th District Court

of San Patricio County, Texas.

______________________________________________________________

MEMORANDUM OPINION

Before Justices Yañez, Rodriguez, and Vela

Memorandum Opinion Per Curiam

Appellant, Insurance Company of the State of Pennsylvania, and appellee, Ray Ahlers, have filed an agreed motion to reverse the trial court's judgment, remand the cause, and accelerate the mandate. The parties further ask that this Court tax the costs of appeal against the party incurring same. According to the motion, the parties have now resolved the issues presented in this appeal.

The Court, having considered the documents on file and the agreed motion to reverse and remand and accelerate the mandate, is of the opinion that the motion should be granted. See Tex. R. App. P. 42.1(a). The agreed motion is GRANTED, and the trial court's judgment is REVERSED and the cause is REMANDED for further proceedings.

We direct the Clerk of this Court to issue the mandate contemporaneously with this opinion. See id. 18.1(c) (modifying the time for issuance of mandate "if the parties so agree, or for good cause on the motion of a party."). Pursuant to the agreement of the parties, costs will be taxed against the party incurring same. See id. 42.1(d) ("Absent agreement of the parties, the court will tax costs against the appellant.").

PER CURIAM

Memorandum Opinion delivered and

filed this the 27th day of March, 2008.