insurance-of-america-agency-inc-stan-firebaugh-national-business ( 2004 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN 444444444444444 NO. 03-03-00432-CV 444444444444444 Insurance of America Agency, Inc.; Stan Firebaugh; National Business Association; Pat Archibald; American National Life Insurance Company of Texas, Inc.; and American National Insurance Company, Inc., Appellants v. Betty J. Wendland, Patricia Wilson, William Wilson, Judy Kirtley, Bruce Kirtley, and Oscar Wood, Appellees 44444444444444444444444444444444444444444444444444444444444444444 FROM THE DISTRICT COURT OF TRAVIS COUNTY, 201ST JUDICIAL DISTRICT NO. GN003014, HONORABLE SCOTT H. JENKINS, JUDGE PRESIDING 44444444444444444444444444444444444444444444444444444444444444444 MEMORANDUM OPINION On September 30, 2003, this appeal was abated in order to allow the parties to send notice of their proposed class-action settlement and for the trial court to hold a hearing on the fairness and adequacy of the settlement. We abated the appeal until January 20, 2004. See Insurance of America, Inc. v. Wendland, No. 03-03-432-CV (Tex. App.—Austin September 30, 2003) (interlocutory memorandum opinion). On January 20, 2004, the parties filed a joint motion to extend the abatement because they wanted to allow the judgment signed by the trial court to become final and non-appealable before dismissing the appeal. The parties asked us to extend the abatement until February 20, 2004, and, unless the parties petitioned for other relief before that date, to dismiss the appeal. We extended the abatement. Not having heard further from the parties, we grant their joint motion to dismiss. See Tex. R. App. P. 42.1(a)(2). __________________________________________ Mack Kidd, Justice Before Justices Kidd, B. A. Smith and Pemberton Dismissed on Joint Motion Filed: March 4, 2004 2