Ruben Tadeo Garcia and Victor Ortega Nunez v. GEICO Security Insurance Company

• Court: Court of Appeals of Texas
• Decided: March 7, 2024
• Docket: 10-23-00354-CV
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-23-00354-CV

RUBEN TADEO GARCIA AND VICTOR ORTEGA NUNEZ, Appellants v.

GEICO SECURITY INSURANCE COMPANY, Appellee

From the County Court at Law No. 1 Ellis County, Texas Trial Court No. 23-C-3050

MEMORANDUM OPINION

This appeal was referred to mediation on December 6, 2023. Pursuant to the order

referring the appeal to mediation, appellants were ordered to file a notice with the Clerk

of this Court within 14 days from the date of the referral order which either identified an

agreed-upon mediator or stated that the parties were unable to agree upon a mediator.

Because no notice had been received, the Court requested a status report from appellants within 14 days from the date of the Order. The Court warned that if no status report was

timely received, this appeal would be dismissed. See TEX. R. APP. P. 42.3(b),(c).

In response, appellants’ motion to dismiss was filed on February 26, 2024. In the

motion, appellants assert the parties resolved the underlying dispute, and a Release of

Judgment has been filed in the trial court. Thus, they further assert, the appeal is no

longer necessary and should be dismissed.

Accordingly, appellants’ motion is granted, and this appeal is dismissed. TEX. R.

APP. P. 42.1(a)

TOM GRAY Chief Justice

Before Chief Justice Gray, Justice Johnson, and Justice Smith Motion granted Appeal dismissed Opinion delivered and filed March 7, 2024 [CV06]

Garcia v. GEICO Sec. Ins. Co. Page 2