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United of Omaha Life Ins. Co. v. Johnny Costello, Individually & As Surviving Spouse of Fatima Costello

Court of Appeals of Texas, Ninth District, Beaumont
Jul 14, 2022
No. 09-21-00295-CV (Tex. App. Jul. 14, 2022)

Opinion

09-21-00295-CV

07-14-2022

UNITED OF OMAHA LIFE INSURANCE COMPANY, Appellant v. JOHNNY COSTELLO, INDIVIDUALLY AND AS SURVIVING SPOUSE OF FATIMA COSTELLO, Appellee


Submitted on July 13, 2022

On Appeal from the 60th District Court Jefferson County, Texas Trial Cause No. B-173,189

Before Golemon, C.J., Kreger and Johnson, JJ.

MEMORANDUM OPINION

PER CURIAM.

Appellant United of Omaha Life Insurance Company (also referred to as Mutual of Omaha Life Insurance Company) and Appellee Johnny Costello, individually and as surviving spouse of Fatima Costello, filed an agreed motion, signed by both Appellant and Appellee, requesting this Court to render judgment effectuating the parties' settlement agreement. See Tex. R. App. P. 42.1(a)(2)(A). There are no other parties to this appeal. The parties request in their joint motion 1 that, without regard to the merits, we reverse the trial court's judgment and render judgment that Appellee take nothing from Appellant and order that all parties bear their own costs. See Tex. R. App. 42.1(a)(2)(A), (d). The parties also requested the obligations of Appellant and Federal Insurance Company, as surety, on the Appeal Bond Number K40320738 filed December 17, 2021, be released and the surety be discharged. We grant the joint motion.

Accordingly, without regard to the merits, we reverse and render judgment that Appellee Johnny Costello, individually and as surviving spouse of Fatima Costello, take nothing from Appellant United of Omaha Life Insurance Company and order the parties to bear their own costs. See id. The obligations of Appellant and Federal Insurance Company, as surety, on Appeal Bond Number K40320738 filed December 17, 2021, are released and the surety is discharged.

REVERSED AND RENDERED. 2


Summaries of

United of Omaha Life Ins. Co. v. Johnny Costello, Individually & As Surviving Spouse of Fatima Costello

Court of Appeals of Texas, Ninth District, Beaumont
Jul 14, 2022
No. 09-21-00295-CV (Tex. App. Jul. 14, 2022)
Case details for

United of Omaha Life Ins. Co. v. Johnny Costello, Individually & As Surviving Spouse of Fatima Costello

Case Details

Full title:UNITED OF OMAHA LIFE INSURANCE COMPANY, Appellant v. JOHNNY COSTELLO…

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

Date published: Jul 14, 2022

Citations

No. 09-21-00295-CV (Tex. App. Jul. 14, 2022)