State Farm Lloyds v. Benino Capetillo

• Court: Court of Appeals of Texas
• Decided: June 14, 2007
• Docket: 13-07-00336-CV
• Status: Published

Opinion

NUMBERS

13-07-183-CV

13-07-336-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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STATE FARM LLOYDS, Appellant,

v.

BENINO CAPETILLO, Appellee.

___________________________________________________________________

On appeal from the 197th District Court of Willacy County, Texas.

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MEMORANDUM OPINION

Before Justices Yañez, Garza, and Benavides

Memorandum Opinion Per Curiam

Appellant, STATE FARM LLOYDS, attempted to perfect an appeal from a turnover order entered by the 197th District Court of Willacy County, Texas, in cause number 03-346. After the notice of appeal was filed, appellant State Farm Lloyds filed a motion to sever and dismiss its appeal and to expedite the issuance of the mandate in the severed and dismissed appeal. In its motion, appellant State Farm Lloyds states that the trial court granted plaintiff's motion to modify turnover order and entered an amended turnover order. Appellant requests that this Court sever and dismiss its appeal and expedite issuance of the mandate. Appellant further requests that costs be assessed against the party incurring same. Appellant's appeal is severed from the original appeal and is docketed under cause number 13-07-336-CV.

Having considered appellant's motion to dismiss the appeal and for expedited issuance of the mandate and the documents on file, this Court is of the opinion that the motion should be granted. The motion to dismiss appellant's appeal and for expedited issuance of the mandate is hereby granted. The appeal in cause number 13-07-336-CV is ordered DISMISSED. The remaining issues in the appeal will remain docketed under cause number 13-07-183-CV.

PER CURIAM

Memorandum Opinion delivered and filed

this the 14th day of June, 2007.