Great Texas County Mutual Insurance Company v. Michael Ray Carbaugh ( 2003 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-03-384 CV ____________________

GREAT TEXAS COUNTY MUTUAL INSURANCE COMPANY, Appellant

V.

MICHAEL RAY CARBAUGH, Appellee

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On Appeal from the 356th District Court Hardin County, Texas Trial Cause No. 41,886

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MEMORANDUM OPINION ⁽¹⁾  

Great Texas County Mutual Insurance Company filed a motion to dismiss this appeal for mootness. The appellant alleges that a release and satisfaction of judgment has been filed in the trial court and there is no longer an issue in controversy to appeal. The Court finds that this motion is voluntarily made by the appellant through its attorney of record prior to any decision of this Court. Tex. R. App. P. 42.1(a)(1). No other party filed notice of appeal.

It is therefore ORDERED that the motion be granted and the appeal is therefore DISMISSED. Appellate costs are assessed against the appellant.

PER CURIAM

Opinion Delivered November 6, 2003

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.