Texas Property and Casualty Insurance Guaranty Association v. Texas Association of School Boards Workers' Compensation Self-Insurance Fund, Individually and on Behalf of the Independent School Districts of Aransas Pass, El Paso, Irving, Houston,and Hico

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-97-00192-CV

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Texas Property and Casualty Insurance Guaranty Association, Appellant

v.

Texas Association of School Boards Workers' Compensation Self-Insurance Fund, Individually and on Behalf of the Independent School Districts of Aransas Pass,

El Paso, Irving, Houston, and Hico, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 98TH JUDICIAL DISTRICT

NO. 94-14703, HONORABLE MARY PEARL WILLIAMS, JUDGE PRESIDING

PER CURIAM

Appellant Texas Property and Casualty Insurance Guaranty Association and appellee Texas Association of School Boards Workers' Compensation Self-Insurance Fund, Individually and on Behalf of the Independent School Districts of Aransas Pass, El Paso, Irving, Houston, and Hico jointly move this Court to vacate the trial court's judgment and render judgment that appellee take nothing against appellant. We note that reversing the trial court's judgment has the effect of vacating it and conforms to this Court's practice of reversing the trial court's judgment when rendering a new judgment rather than vacating the trial court's judgment and rendering judgment. Starnes v. Chapman, 793 S.W.2d 104, 106 (Tex. App.--Dallas 1990, no writ). Compare Tex. R. App. P. 43.2(c) with 43.2(e).

We grant the parties' motion. Tex. R. App. P. 42.1(a)(1). We reverse the trial court's judgment and render judgment that appellee take nothing against appellant.

Before Justices Powers, Kidd and B. A. Smith

Judgment Reversed and Rendered on Joint Motion

Filed: February 5, 1998

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