Texas Mutual Insurance Company v. Chris McCall

Opinion

NO. 07-11-0394-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL C

JANUARY 26, 2012

______________________________

TEXAS MUTUAL INSURANCE COMPANY, APPELLANT

V.

CHRIS MCCALL, APPELLEE

_________________________________

FROM THE 237TH DISTRICT COURT OF LUBBOCK COUNTY;

NO. 2008-544,251; HONORABLE LES HATCH, JUDGE

_______________________________

Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.

MEMORANDUM OPINION

Pending before this Court is Texas Mutual Insurance Company=s Motion to

Dismiss Appeal in which it represents it no longer wishes to pursue this appeal. The

Certificate of Conference reflects that Appellee, Chris McCall, is not opposed to the

motion. Without passing on the merits of the case, the motion is granted and the appeal

is hereby dismissed. Tex. R. App. P. 42.1(a)(1). Having dismissed the appeal at the

request of Texas Mutual Insurance Company, no motion for rehearing will be entertained and our mandate will issue forthwith. There being no agreement in the

motion regarding costs, pursuant to Rule 42.1(d) of the Texas Rules of Appellate

Procedure, all costs are taxed against Texas Mutual Insurance Company.

Patrick A. Pirtle Justice