Lexington Insurance Company v. Penn Octane Corporation ( 2010 )

NUMBER 13-09-00118-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
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LEXINGTON INSURANCE COMPANY, Appellant,
v.
PENN OCTANE CORPORATION, ET AL., Appellees.
____________________________________________________________
On appeal from the 138th District Court
of Cameron County, Texas.
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MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Rodriguez and Garza
Memorandum Opinion Per Curiam
Appellant, Lexington Insurance Company, perfected an appeal from a judgment
entered by the 138th District Court of Cameron County, Texas, in cause number
2008-01-0343-B. The parties have filed a joint motion to dismiss the appeal on grounds
the parties have entered into a settlement. The parties request that this Court dismiss
the appeal with prejudice.
The Court, having considered the documents on file and the parties’ joint motion to
dismiss the appeal, is of the opinion that the motion should be granted. See TEX. R. APP.
P. 42.1(a). The joint motion to dismiss is granted, and the appeal is hereby DISMISSED
WITH PREJUDICE. The parties have further asked that we assess no costs against
either party. We assume they mean that costs are to be taxed to the party incurring
same, as no party is indigent. See id. at 43.4 (judgment for costs in civil cases). The
request is granted. Having dismissed the appeal at the parties’ request, no motion for
rehearing will be entertained, and our mandate will issue forthwith.
PER CURIAM
Delivered and filed the
8th day of July, 2010.
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