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