home-state-county-mutual-insurance-company-v-george-horn-jr-as-assignee ( 2007 )

                NO. 12-07-00094-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

HOME STATE COUNTY

MUTUAL INSURANCE COMPANY,        §          APPEAL FROM THE 273RD

APPELLANT/CROSS-APPELLEE

V.        §          JUDICIAL DISTRICT COURT OF

GEORGE HORN, JR., INDIVIDUALLY

AND AS ASSIGNEE OF BURRELL ROWE,

AS ADMINISTRATOR OF THE ESTATE            §          SABINE COUNTY, TEXAS

OF ERIC A. HULETT, DECEASED, AND

BURRELL ROWE, AS ADMINISTRATOR

OF THE ESTATE OF ERIC A. HULETT,

DECEASED,

APPELLEES/CROSS-APPELLANTS

MEMORANDUM OPINION

PER CURIAM

            Cross-Appellants/Appellees George Horn Jr. and Burrell Rowe¹ have filed a motion to dismiss their appeal.  In their motion, they allege that their appeal is now unnecessary because of certain actions by the trial court.  A copy of their motion has been served on all opposing counsel, and Cross-Appellants/Appellees allege in their motion that opposing counsel does not oppose the dismissal.

            Because Cross-Appellants/Appellees have met the requirements of Texas Rule of Appellate Procedure 42.1(a)(1), the motion is granted and Cross-Appellants/Appellees’ appeal is dismissed.  This dismissal does not affect Appellant’s pending appeal.

Opinion delivered December 21, 2007.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH)

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¹ George Horn, Jr. is a party to this appeal in his individual capacity as well as in his capacities as assignee of Burrell Rowe and as administrator of the estate of Eric A. Hulett, deceased.  Burrell Rowe is a party in his capacity as administrator of the estate of Eric A. Hulett, deceased.