Great TX Cty Mut Ins v. Carbaugh

Full title: GREAT TEXAS COUNTY MUTUAL INSURANCE COMPANY, Appellant v. MICHAEL RAY…

Court: Court of Appeals of Texas, Ninth District, Beaumont

Date published: Nov 6, 2003

No. 09-03-384 CV (Tex. App. Nov. 6, 2003)

Opinion

No. 09-03-384 CV.

Opinion Delivered November 6, 2003.

Appeal from the 356th District Court Hardin County, Texas Trial Cause No. 41,886.

Attorney(s) for Appellant: Jonathan C. Allen — Mehaffy Weber — Beaumont.

M.C. Carrington — Weber — Beaumont.

Attorney(s) for Appellee: Thomas O. Moses — Moses Lockhart — Beaumont.

Before McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.

MEMORANDUM OPINION¹

1 Tex.R.App.P. 47.4.

PER CURIAM.

Great Texas County Mutual Insurance Company filed a motion to dismiss this appeal for mootness. The appellant alleges that a release and satisfaction of judgment has been filed in the trial court and there is no longer an issue in controversy to appeal. The Court finds that this motion is voluntarily made by the appellant through its attorney of record prior to any decision of this Court. Tex.R.App.P. 42.1(a)(1). No other party filed notice of appeal.

It is therefore ORDERED that the motion be granted and the appeal is therefore DISMISSED. Appellate costs are assessed against the appellant.