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

• Court: Court of Appeals of Texas
• Decided: January 9, 2024
• Docket: 01-19-00852-CV
• Status: Published

Opinion

Opinion issued January 9, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-19-00852-CV ——————————— NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., Appellant V. EXXON MOBIL CORPORATION AND STARR INDEMNITY & LIABILITY INSURANCE COMPANY, Appellees and EXXON MOBIL CORPORATION, Appellant V. STARR INDEMNITY & LIABILITY INSURANCE COMPANY, Appellee

On Appeal from the 125th District Court Harris County, Texas Trial Court Case No. 2014-22667

MEMORANDUM OPINION ON REMAND 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).