State and County Mutual Fire Insurance Company v. Sergio J. Valdez, Guardian Ad Litem

• Court: Court of Appeals of Texas
• Decided: October 2, 2014
• Docket: 13-12-00598-CV
• Status: Published

Opinion

NUMBER 13-12-00598-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

STATE AND COUNTY MUTUAL FIRE INSURANCE COMPANY, Appellant,

v.

SERGIO J. VALDEZ, GUARDIAN AD LITEM, Appellee. ____________________________________________________________

On appeal from the 139th District Court of Hidalgo County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Rodriguez, Benavides, and Perkes Memorandum Opinion Per Curiam

Appellant State and County Mutual Fire Insurance Company perfected an appeal

from a judgment entered by the 139th District Court of Hidalgo County, Texas, in cause

number C-185-01-C(A). The parties have filed an agreed motion to dismiss the appeal on grounds that all matters in controversy between them in this cause have been settled.

The parties request that this Court dismiss the appeal.

The Court, having abated the appeal on October 23, 2013 pending mediation and

settlement, now REINSTATES the appeal. Further, considering the documents on file

and the agreed motion to dismiss, the Court is of the opinion that the motion should be

granted. See TEX. R. APP. P. 42.1(a). The agreed motion to dismiss is GRANTED, and

the appeal is hereby DISMISSED. We also dismiss any other pending motions as moot.

In accordance with the agreement of the parties, costs are taxed against the party

incurring same. See id. at R. 42.1(d) ("Absent agreement of the parties, the court will

tax costs against the appellant."). Having dismissed the appeal at the parties’ request,

no motion for rehearing will be entertained, and our mandate will issue forthwith.

PER CURIAM

Delivered and filed the 2nd day of October, 2014.