National Union Fire Insurance Company of Pittsburgh, PA v. Exxon Mobil Corporation

Court of Appeals of Texas

National Union Fire Insurance Company of Pittsburgh, PA v. Exxon Mobil Corporation

Court of Appeals of Texas·Decided January 9, 2024·No. 01-19-00852-CV·Published

Opinion

Opinion issued January 9, 2024

In The

Court of Appeals

For The

First District of Texas

On December 1, 2023, appellant, National Union Fire Insurance Company of Pittsburgh, Pa., appellant/appellee Exxon Mobil Corporation, and appellee, Starr Indemnity & Liability Insurance Company, filed a “Joint Motion to Dismiss Appeal.” In the motion, the parties represented that they had “resolved their dispute in part through settlement, with the remaining issues . . . to be resolved through alternative dispute resolution as agreed.” Thus, the parties requested that “this Court dismiss [the] appeal” and that the parties bear their own appellate costs. See TEX. R. APP. P. 42.1(a)(2), (d).

No other party has filed a notice of appeal, and no opinion on remand has issued.1 See TEX. R. APP. P. 42.1(c).

Accordingly, we grant the parties’ motion and dismiss the appeal. See TEX.

R. APP. P. 42.1(a)(2), 43.2(f). We direct the Clerk of this Court that costs will be taxed against the parties who incurred the same. See TEX. R. APP. P. 42.1(d). We dismiss all other pending motions as moot.

PER CURIAM

Panel consists of Justices Goodman, Countiss, and Farris.

1 This Court previously issued an opinion and judgment in this appeal on September 21, 2021. See Nat’l Union Fire Ins. Co. of Pittsburgh, Pa. v. Exxon Mobil Corp., 658 S.W.3d 305 (Tex. App.—Houston [1st Dist.] 2021), rev’d, 672 S.W.3d 415 (Tex. 2023). On April 14, 2023, the Texas Supreme Court reversed this Court’s judgment and remanded the case to this Court. See ExxonMobil Corp. v. Nat’l Union Fire Ins. Co. of Pittsburgh, PA, 672 S.W.3d 415, 417, 421 (Tex. 2023).

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Opinion issued January 9, 2024

In The

Court of Appeals

For The

First District of Texas

On December 1, 2023, appellant, National Union Fire Insurance Company of Pittsburgh, Pa., appellant/appellee Exxon Mobil Corporation, and appellee, Starr Indemnity & Liability Insurance Company, filed a “Joint Motion to Dismiss Appeal.” In the motion, the parties represented that they had “resolved their dispute in part through settlement, with the remaining issues . . . to be resolved through alternative dispute resolution as agreed.” Thus, the parties requested that “this Court dismiss [the] appeal” and that the parties bear their own appellate costs. See TEX. R. APP. P. 42.1(a)(2), (d).

No other party has filed a notice of appeal, and no opinion on remand has issued.1 See TEX. R. APP. P. 42.1(c).

Accordingly, we grant the parties’ motion and dismiss the appeal. See TEX.

R. APP. P. 42.1(a)(2), 43.2(f). We direct the Clerk of this Court that costs will be taxed against the parties who incurred the same. See TEX. R. APP. P. 42.1(d). We dismiss all other pending motions as moot.

PER CURIAM

Panel consists of Justices Goodman, Countiss, and Farris.

1 This Court previously issued an opinion and judgment in this appeal on September 21, 2021. See Nat’l Union Fire Ins. Co. of Pittsburgh, Pa. v. Exxon Mobil Corp., 658 S.W.3d 305 (Tex. App.—Houston [1st Dist.] 2021), rev’d, 672 S.W.3d 415 (Tex. 2023). On April 14, 2023, the Texas Supreme Court reversed this Court’s judgment and remanded the case to this Court. See ExxonMobil Corp. v. Nat’l Union Fire Ins. Co. of Pittsburgh, PA, 672 S.W.3d 415, 417, 421 (Tex. 2023).

National Union Fire Insurance Company of Pittsburgh, PA v. Exxon Mobil Corporation, (Tex. Ct. App. 2024).

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