Hallmark Specialty Underwriters, Inc. and Hallmark Specialty Insurance Company v. Texas Mutual Insurance Company ( 2015 )

ACCEPTED 03-15-00219-CV 6207530 THIRD COURT OF APPEALS AUSTIN, TEXAS 7/24/2015 9:31:41 AM JEFFREY D. KYLE CLERK CAUSE NO. 03-15-00219-CV FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 7/24/2015 9:31:41 AM IN THE THIRD COURT OF APPEALS JEFFREY D. KYLE Clerk AUSTIN, TEXAS HALLMARK SPECIALTY UNDERWRITERS, INC. and HALLMARK SPECIALTY INSURANCE COMPANY, Appellants v. TEXAS MUTUAL INSURANCE COMPANY, Appellee From the 98th Judicial District Court, Travis County, Texas APPELLANTS HALLMARK SPECIALTY UNDERWRITERS, INC. and HALLMARK SPECIALTY INSURANCE COMPANY’s MOTION FOR VOLUNTARY DISMISSAL TO THE HONORABLE COURT NOW COME Appellants Hallmark Specialty Underwriters, Inc. and Hallmark Specialty Insurance Company (“Appellants”) and file this, their Motion for Voluntary Dismissal pursuant to Rule 42.1 of the Texas Rules of Civil Procedure and, in support thereof, would show as follows: I. The parties herein have resolved their differences regarding the present matter. Appellants therefore voluntarily dismiss the present appeal pursuant to W:\WDOX\CLIENTS\1532\0676\00583341.DOCX Page 1 of 3 Rule 42.1 of the Texas Rules of Appellate Procedure and the parties agree that all appellate costs are to be paid by the party incurring same. II. WHEREFORE, PREMISES CONSIDERED, Appellants pray that this court dismiss the present appeal in light of the parties’ resolution of this matter. Respectfully submitted, CURNEY, FARMER, HOUSE, & OSUNA, P.C. 411 Heimer Road San Antonio, Texas 78232-4854 (210) 377-1990 (telephone) (210) 377-1065 (facsimile) By: /s/ Wm. David Farmer Wm. David Farmer State Bar No. 06826470 Email: wdfarmer@cfholaw.com Chad W. Schreiber State Bar No. 24085732 Email: cschreiber@cfholaw.com Attorneys for Appellants Hallmark Mutual Insurance Company and Hallmark Specialty Insurance Company CERTIFICATE OF CONFERENCE Opposing counsel has agreed to and is unopposed to Appellant’s request under this Motion. Date: July 24, 2015 By: /s/ Wm. David Farmer Wm. David Farmer W:\WDOX\CLIENTS\1532\0676\00583341.DOCX Page 2 of 3 CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing has been served on the following by Electronic Filing Service Provider (EFSP), email, hand delivery, facsimile, and/or certified mail, return receipt requested, on the 24th day of July, 2015: Via E-mail: splacek@arnoldplacek.com sarnold@arnoldplacek.com jchaltain@arnoldplacek.com R. Scott Placek Scott Arnold Jonathan Chaltain Arnold & Placek, PC 203 East Main Street, Suite 201 Round Rock, Texas 78664 Telephone: (512) 341-7044 Facsimile: (512) 341-7921 Trial Attorneys for Appellee Texas Mutual Insurance Company /s/ Wm. David Farmer W:\WDOX\CLIENTS\1532\0676\00583341.DOCX Page 3 of 3