Protective Insurance Company v. William Salik ( 2000 )

NUMBER 13-00-178-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

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PROTECTIVE INSURANCE COMPANY

, Appellant,

v.

WILLIAM SALIK

, Appellees.

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On appeal from the County Court at Law of Kaufman County, Texas.

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O P I N I O N

Before Chief Justice Seerden and Justices Yañez and Rodriguez

Opinion Per Curiam

Appellant, PROTECTIVE INSURANCE COMPANY, perfected an appeal from a judgment entered by the County Court at Law of Kaufman County, Texas, in cause number 55294-CC. After the record and appellant's brief had been filed, the parties filed a joint motion to reverse and remand. In the motion, the parties state that based iupon the recent clarifications in the law made by the Supreme Court in its decision rendered in Continental Cas. Inc. Co. V. Functional Restoration Associates, 43 Tex. Sup. Ct. J. 573 (April 6, 2000), the trial court's order of dismissal in the instant case was erroneous. The parties are in agreement that, based upon the Supreme Court's decision in Continental Casualty, Protective Insurance Company's suit for judicial review as properly filed in Kaufman County, and that the trial court's order of dismissal was therefore erroneous and should be reversed. The parties jointly request that the trial court's order of dismissal be reversed and that the case be remanded to the trial court for a decision on the merits.

The Court, having examined and fully considered the documents on file and the parties' joint motion, is of the opinion that the motion should be granted. The joint motion is granted, and the trial court's order of dismissal is hereby REVERSED and the cause is REMANDED to the trial court for a decision on the merits.

PER CURIAM

Opinion ordered not published.

Tex. R. App. P. 47.3.

Opinion delivered and filed this

the 13^th day of July, 2000.