progressive-county-mutual-insurance-company-v-robert-g-nettles ( 2006 )

NUMBER 13-05-093-CV

                                 COURT OF APPEALS

                     THIRTEENTH DISTRICT OF TEXAS

                         CORPUS CHRISTI - EDINBURG

_______________________________________________________

PROGRESSIVE COUNTY MUTUAL

INSURANCE COMPANY,                                                Appellant,

                                                             v.

ROBERT G. NETTLES, INDIVIDUALLY

AND AS ADMINISTRATOR OF THE ESTATE

OF HELEN NETTLES, DECEASED,

STEPHEN NETTLES & KAREN MENARD  ,                   Appellees.

_______________________________________________________

                            On appeal from the 157th  District Court

                                          of Harris County, Texas.

_______________________________________________________

                              MEMORANDUM OPINION

                          Before Justices Castillo, Garza, and Wittig^[1]

                                 Memorandum Opinion Per Curiam

Appellant, PROGRESSIVE COUNTY MUTUAL INSURANCE COMPANY, perfected an appeal from a judgment entered by the 157th District Court of Harris County, Texas, in cause number 2001-59368.  After the record and briefs were filed and after the cause was submitted to the Court, appellant filed an agreed motion to dismiss the appeal.  In the motion, appellant states that this case has been resolved and the agreed settlement has now been consummated.  Appellant requests that this Court dismiss the appeal.

The Court, having considered the documents on file and appellant=s agreed motion to dismiss the appeal, is of the opinion that the motion should be granted.  Appellant=s agreed motion to dismiss is granted, and the appeal is hereby DISMISSED.

PER CURIAM

Memorandum Opinion delivered and

filed this the 15th day of June, 2006.

---

^[1]  Retired Fourteenth Court of Appeals Justice Don Wittig, assigned to this Court by the Chief Justice of the Supreme Court of Texas pursuant to the government code.  See Tex. Gov=t Code Ann. ' 74.003 (Vernon 2005).