St. Paul Fire and Marine Insurance Company v. Filiberto Atkinson

• Court: Court of Appeals of Texas
• Decided: March 9, 2006
• Docket: 13-05-00750-CV
• Status: Published

Opinion

                             NUMBER 13-05-750-CV

                         COURT OF APPEALS

               THIRTEENTH DISTRICT OF TEXAS

                  CORPUS CHRISTI - EDINBURG

___________________________________________________________________

ST. PAUL FIRE AND MARINE INSURANCE

COMPANY, ET AL.,                                                Appellants,

                                           v.

FILIBERTO ATKINSON, ET AL.,                                  Appellees.

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                  On appeal from the 94th  District Court

                           of Nueces County, Texas.

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                     MEMORANDUM OPINION

                 Before Justices Hinojosa, Yañez, and Garza

Memorandum Opinion Per Curiam

Appellants, ST. PAUL FIRE AND MARINE INSURANCE COMPANY, ET AL., perfected an appeal from a judgment entered by the 94th District Court of Nueces County, Texas, in cause number 05-04515-C.  After the clerk=s record was filed, appellants filed a motion to dismiss the appeal.  In the motion, appellants state that the order from which this appeal was taken has been vacated and no longer contains the findings necessary for appeal pursuant to Section 51.014(d) of the Texas Civil Practice and Remedies Code.  Appellants request that this Court dismiss the appeal. Appellants  Marsh USA, Inc. (Delaware) and Marsh USA, Inc. (Texas) previously requested that this Court dismiss their appeal against appellee, Filberto Atkinson.  On January 26, 2006, this Court severed this portion of the appeal into Cause Number 13-06-015-CV and dismissed the Marsh appellants= appeal against appellee Atkinson.  The Marsh appellants have now filed a supplemental motion requesting that this Court dismiss their appeal against the remaining appellees.

The Court, having considered the documents on file, appellants= motion to dismiss the appeal, and the Marsh appellants= supplemental motion to dismiss , is of the opinion that the motions should be granted.  Appellants= motion to dismiss and the Marsh appellants= supplemental motion to dismiss are granted.  The appeal is hereby DISMISSED.

PER CURIAM

Memorandum Opinion delivered and filed this

the 9th day of March, 2006.