Glenn Hegar, Comptroller of Public Accounts of the State of Texas And Ken Paxton, Attorney General of the State of Texas v. Imperial Fire and Casualty Insurance Company ( 2015 )

ACCEPTED
03-13-00576-CV
6311844
THIRD COURT OF APPEALS
AUSTIN, TEXAS
July 31, 2015 7/31/2015 2:10:56 PM
JEFFREY D. KYLE
CLERK
No. 03-13-00576-CV
In the Court of Appeals
for the Third Judicial District
at Austin, Texas
GLENN HEGAR, COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS
AND KEN PAXTON, ATTORNEY GENERAL OF THE STATE OF TEXAS,
Appellants,
v.
IMPERIAL FIRE AND CASUALTY INSURANCE COMPANY,
Appellee.
On Appeal from the
126th Judicial District Court of Travis County, Texas
JOINT MOTION TO DISMISS APPEAL
TO THE HONORABLE THIRD COURT OF APPEALS:
Under Rule 42.1(a)(2) of the Texas Rules of Appellate Procedure, all
parties, including appellants Glenn Hegar, Comptroller of Public Accounts
of the State of Texas, and Ken Paxton, Attorney General of the State of Texas,
and appellee, Imperial Fire and Casualty Insurance Company, move to
dismiss this appeal pursuant to their already-executed settlement
agreement.
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The Court has the authority under Texas Rule of Appellate Procedure
42.1(a)(2) to grant this joint motion to dismiss, and the appellants’ right to
dismissal is absolute prior to disposition, so long as the appellants bear their
own costs. E.g., White Stores, Inc. v. Crain, 515 S.W.2d 677, 677 (Tex. App.—
Austin 1974, no writ).
The parties have reached an agreement to compromise and settle their
differences in the suit Imperial Fire and Casualty Insurance Company v.
Susan Combs, Comptroller of Public Accounts of the State of Texas and Greg
Abbott, Attorney General of the State of Texas, cause number D-1-GN-12-
002808. Each party will bear its own costs. This motion is not to be filed
until the warrant satisfying the settlement agreement has been received by
the plaintiff. Accordingly, at this time, all the prerequisites to dismissal have
been met.
Because the underlying dispute has been settled and payment has been
completed, it is appropriate to dismiss the appeal.
PRAYER
The Court should dismiss the appeal.
2
Respectfully submitted,
KEN PAXTON
Attorney General of Texas
CHARLES E. ROY
First Attorney General of Texas
SCOTT A. KELLER
Solicitor General
/s/ Kristofer S. Monson
KRISTOFER S. MONSON
Assistant Solicitor General
State Bar No. 24037129
OFFICE OF THE ATTORNEY GENERAL
P.O. Box 12548 (MC 059)
Austin, Texas 78711-2548
Tel.: (512) 936-1700
Fax: (512) 474-2697
kristofer.monson@texasattorneygeneral.gov
COUNSEL FOR APPELLANTS
/s/ Doug Sigel
Doug Sigel
KRISTOFER S RYAN LAW FIRM, LLP
100 Congress Avenue, Suite 950
Austin, Texas 78701
Fax: (512) 459-6601
doug.sigel@ryanlawllp.com
COUNSEL FOR APPELLEE
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CERTIFICATE OF CONFERENCE
Having agreed to settle this case and to file a joint motion, the parties
treat their signatures to this joint motion as evidence of their conference.
CERTIFICATE OF SERVICE
On July 31, 2015, this Joint Motion to Dismiss Appeal for Settlement
was served via CaseFileXpress on:
Doug Sigel Kristofer S. Monson
RYAN LAW FIRM, LLP Office of the Attorney General
100 Congress Avenue, Suite 950 PO Box 12548 (MC 059)
Austin, Texas 78701 Austin, Texas 78701
doug.sigel@ryanlawllp.com kristofer.monson
@texasattorneygeneral.gov
COUNSEL FOR APPELLEE COUNSEL FOR APPELLANTS
/s/ Doug Sigel /s/ Kristofer S. Monson
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