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Great Am. Lloyds Ins. Co. v. Audubon Ins. Co.

Court of Appeals Fifth District of Texas at Dallas
Jan 8, 2013
No. 05-11-00021-CV (Tex. App. Jan. 8, 2013)

Opinion

No. 05-11-00021-CV

01-08-2013

GREAT AMERICAN LLOYDS INSURANCE COMPANY, Appellant v. AUDUBON INSURANCE COMPANY, Appellee


Appeal Dismissed and Opinion Hied January 8, 2013

On Appeal from the 160th Judicial District Court

Dallas County, Texas

Trial Court Cause No. 07-6321-H


MEMORANDUM OPINION ON REMAND


Before Justices O'Neill, Lang-Miers, and Richter

The Honorable Martin E. Richter, Retired Justice, sitting by assignment.

Opinion By Justice Lang-Miers

Appellant Great American Lloyds Insurance Company appealed the trial court's judgment in favor of Appellee Audubon Insurance Company. We issued our opinion and judgment on August 6, 2012, affirming the trial court's judgment. Great American sought and received extensions of time to file its petition for review in the Supreme Court of Texas. Meanwhile, the parties reached a full and final settlement of their claims in this case, and Great American filed a motion to abate the appeal in the supreme court. The supreme court granted the motion, treating it as a petition for review. Without regard to the merits, the supreme court granted the petition and remanded the case to this Court for rendition of judgment in accordance with the parties' settlement agreement.

As part of their settlement agreement, the parties have filed a joint motion asking this Court to withdraw its opinion of August 6, 2012, vacate the judgment of that date, render a judgment of dismissal with prejudice, and tax costs of court against the party incurring the costs. We grant the December 28, 2012 agreed motion. We withdraw our August 6, 2012 opinion in this case and vacate the Court's judgment of that date. This is now the opinion of the Court,

Pursuant to the parties* settlement agreement, we dismiss this appeal with prejudice and tax costs of court against the party incurring the costs. See TEX. R. APP. P. 42.1(a)(2)(A).

______________________

ELIZABETH LANG-MIERS

JUSTICE

JUDGMENT

GREAT AMERICAN LLOYDS INSURANCE COMPANY, Appellant

V. AUDUBON INSURANCE COMPANY, Appellee

No. 05-11-00021-CV


Appeal from the 160th Judicial District

Court of Dallas County, Texas (Trial Court

No. 07-6321).

Opinion delivered by Justice Lang-Miers,

Justices O'Neill and Richter participating.

We withdraw our opinion of August 6, 2012, and vacate the judgment of that date. Based on the Court's opinion of this date, we DISMISS the appeal with prejudice. Each party shall bear its own costs of court.

______________________

ELIZABETH LANG-MIERS

JUSTICE


Summaries of

Great Am. Lloyds Ins. Co. v. Audubon Ins. Co.

Court of Appeals Fifth District of Texas at Dallas
Jan 8, 2013
No. 05-11-00021-CV (Tex. App. Jan. 8, 2013)
Case details for

Great Am. Lloyds Ins. Co. v. Audubon Ins. Co.

Case Details

Full title:GREAT AMERICAN LLOYDS INSURANCE COMPANY, Appellant v. AUDUBON INSURANCE…

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Jan 8, 2013

Citations

No. 05-11-00021-CV (Tex. App. Jan. 8, 2013)

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