Opinion
NUMBER 13-17-00303-CV
08-31-2017
PHILADELPHIA INDEMNITY INSURANCE COMPANY, Appellant, v. IGLESIA DEL PUEBLO AND RADIO IMAGEN 1580 AM INC., Appellees.
On appeal from the County Court at Law No. 4 of Hidalgo County, Texas.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Longoria and Hinojosa
Memorandum Opinion by Justice Longoria
Appellant Philadelphia Indemnity Insurance Company attempted to appeal an "Order Granting Plaintiffs' Motion to Set Aside Appraisal Award" signed by the trial court on May 12, 2017. Appellant filed its notice of appeal on June 13, 2017. The clerk's record in this case was filed on August 4, 2017. On August 7, 2017, the Clerk of this Court notified appellant that it appeared that the clerk's record failed to contain an appealable order. The Clerk requested correction of this defect within ten days, and notified appellant that the appeal would be dismissed if the defect was not corrected. On August 22, 2017, appellant filed a motion to dismiss this appeal without prejudice.
The Court, having considered the documents on file and appellant's motion to dismiss the appeal, is of the opinion that the motion should be granted. See TEX. R. APP. P. 42.1(a). The motion to dismiss is GRANTED and the appeal is hereby DISMISSED without prejudice. Costs will be taxed against appellant. See TEX. R. APP. P. 42.1(d) ("Absent agreement of the parties, the court will tax costs against the appellant."). Having dismissed the appeal at appellant's request, no motion for rehearing will be entertained, and our mandate will issue forthwith.
NORA L. LONGORIA
Justice Delivered and filed the 31st day of August, 2017.