Jeanie Merrikh v. Texas Windstorm Insurance Association

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Opinion issued October 4, 2012 In The Court of Appeals For The First District of Texas NO. 01-12-00389-CV JEANIE MERRIKH, Appellant V. TEXAS WINDSTORM INSURANCE ASSOCIATION, Appellee On Appeal from the 10th District Court Galveston County, Texas Trial Court Cause No. 10-CV-3061 MEMORANDUM OPINION This is an appeal from a judgment signed March 15, 2012. On September 26, 2012, the parties filed a joint motion to dismiss the appeal. They represent that they have reached an agreement that fully disposes of all controversies between them and request that we set aside the trial court s judgment without regard to the merits and remand the case to the trial court for rendition of judgment in accordance with the parties agreement. See TEX. R. APP. P. 42.1(a)(2)(B). Accordingly, we grant the motion, set aside the trial court s judgment without regard to the merits, and remand this cause to the trial court for rendition of judgment in accordance with the parties agreement. See id. We dismiss any other pending motions as moot. We direct the Clerk to issue the mandate within 10 days of the date of this opinion. See TEX. R. APP. P. 18.1. We order that the costs of the appeal are to be taxed against the party who incurred them. See TEX. R. APP. P. 42.1(d). PER CURIAM Panel consists of Justices Jennings, Higley, and Sharp. 2

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