The Lubbock Independent School District v. First Specialty Insurance Corporation N/K/A Swiss Re Corporate Solutions Capacity Insurance Corporation

• Court: Court of Appeals of Texas
• Decided: January 3, 2025
• Docket: 07-24-00178-CV
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-24-00178-CV

THE LUBBOCK INDEPENDENT SCHOOL DISTRICT, APPELLANT

V.

FIRST SPECIALTY INSURANCE CORPORATION N/K/A SWISS RE CORPORATE SOLUTIONS CAPACITY INSURANCE CORPORATION, APPELLEE

On Appeal from the 72nd District Court Lubbock County, Texas Trial Court No. DC-2022-CV-0909, Honorable William C. Sowder, Presiding

January 3, 2025 MEMORANDUM OPINION Before QUINN, C.J., and DOSS and YARBROUGH, JJ.

Appellant, the Lubbock Independent School District, appeals from the trial court’s

Order Granting Defendant Swiss Re Corporate Solutions Capacity Insurance

Corporation’s Motion to Dismiss Pursuant to a Mandatory Forum-Selection Clause. Now

pending before this Court is the parties’ “Joint Motion to Dismiss Appeal and Remand for

Entry of Dismissal with Prejudice.” Therein, the parties request that this Court “dismiss

this appeal with prejudice and remand the case to the trial court with instructions to enter an order of dismissal with prejudice pursuant to the terms of the Parties’ settlement

agreement.” We construe the motion as requesting relief pursuant to Rule of Appellate

Procedure 42.1(a)(2)(B) and grant the motion.

Accordingly, we set aside the judgment of the trial court, without regard to the

merits, and remand the case to the trial court for rendition of a judgment in accordance

with the parties’ agreement. As requested by the parties, costs shall be taxed against the

parties who incurred them. See TEX. R. APP. P. 42.1(d).

Per Curiam