Charles J. Walch v. United Services Automobile Association Property and Casualty Insurance Co.

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH NO. 2-01-146-CV

CHARLES J. WALCH                                                   APPELLANT

V.

UNITED SERVICES AUTOMOBILE                                              APPELLEE
ASSOCIATION PROPERTY AND
CASUALTY INSURANCE CO.

---------- FROM THE 17^TH DISTRICT COURT OF TARRANT COUNTY ---------- MEMORANDUM OPINION⁽¹⁾ AND JUDGMENT ----------

We have considered "Appellee's Motion For Rehearing," appellant's "Motion To Modify Judgment" and the "Joint Motion To Dismiss."

It is the opinion of the court that said joint motion to dismiss is GRANTED and the motion for rehearing and motion to modify judgment are DENIED AS MOOT. We hereby withdraw our opinion and judgment of November 21, 2002 and dismiss the appeal. See Tex. R. App. P. 42.1(a)(2); 43.2(f).

Costs of the appeal shall be paid by the party incurring the same, for which let execution issue.

PER CURIAM

PANEL B: GARDNER, HOLMAN, and WALKER, JJ.

[DELIVERED FEBRUARY 13, 2003]

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1. See Tex. R. App. P. 47.4.