Reliance National Insurance Company and ABF Freight Systems, Inc. v. John Winfrey, Darrel Ray Beaty and General Aluminum Corporation ( 2001 )

Reliance National Insurance Company et al v. John Winfrey et al

  IN THE

TENTH COURT OF APPEALS

No. 10-01-326-CV

     RELIANCE NATIONAL INSURANCE COMPANY

     AND ABF FREIGHT SYSTEMS, INC.,

                                                                              Appellants

     v.

     JOHN WINFREY,

     DARREL RAY BEATY AND

     GENERAL ALUMINUM CORPORATION,

                                                                              Appellees

From the 12th District Court

Madison County, Texas

Trial Court # 00-9186-A

MEMORANDUM OPINION

      The Appellant has filed a motion to dismiss this appeal in which it asserts that the parties have settled their dispute. In relevant portion, Rule 42.1 of the Texas Rules of Appellate Procedure provides:

(a) The appellate court may dispose of an appeal as follows:

(1) in accordance with an agreement signed by all parties or their attorneys and filed with the clerk; or

(2) in accordance with a motion of appellant to dismiss the appeal or affirm the appealed judgment or order; but no party may be prevented from seeking any relief to which it would otherwise be entitled.

Tex. R. App. P. 42.1.

      The appeal is dismissed. Costs are taxed against the party incurring them.

                                                                         PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Appeal dismissed

Opinion delivered and filed December 28, 2001

Do not publish

[CV06]

PER CURIAM

Before Chief Justice Thomas,

          Justice Cummings, and

          Justice Vance

Dismissed

Opinion delivered and filed September 1, 1993

Publish