State Farm Mutual Automobile Insurance Company v. James Burge--Appeal from 5th District Court of Cass County

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In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-09-00021-CV ______________________________ STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant V. JAMES BURGE, Appellee On Appeal from the Fifth Judicial District Court Cass County, Texas Trial Court No. 08-C-317 Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Chief Justice Morriss MEMORANDUM OPINION State Farm Insurance,1 the sole appellant in this case, has filed a motion seeking to dismiss its appeal. Pursuant to Rule 42.1 of the Texas Rules of Appellate Procedure, we grant its motion. See TEX . R. APP . P. 42.1. We dismiss the appeal. Josh R. Morriss, III Chief Justice Date Submitted: Date Decided: June 3, 2009 June 4, 2009 1 In most of the pleadings, including the order of dismissal, the appellant is referred to as "State Farm Insurance." In its notice of appeal, the appellant is referred to as "State Farm Mutual Automobile Insurance Company," and in its motion to dismiss, the appellant is referred to as "State Farm Automobile Insurance Company." We refer to the appellant as "State Farm Insurance" in this opinion. 2

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