Old Republic Insurance Company v. Maria Estrada--Appeal from 327th District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

)

OLD REPUBLIC INSURANCE COMPANY, ) No. 08-02-00309-CV

)

Appellant, ) Appeal from

)

v. ) 327th District Court

)

MARIA ESTRADA, ) of El Paso County, Texas

)

Appellee. ) (TC# 2001-3701)

O P I N I O N

Pending before the Court is the motion of Appellant, Old Republic Insurance Company, to dismiss this appeal pursuant to Tex.R.App.P. 42.1, which states that:

(a) The appellate court may dispose of an appeal as follows:

(1) in accordance with an agreement signed by all parties or their attorneys and filed with the clerk; or

(2) in accordance with a motion of appellant to dismiss the appeal or affirm the appealed judgment or order; but no party may be prevented from seeking any relief to which it would otherwise be entitled.

By its motion, Appellant voluntarily requests dismissal of the appeal pursuant to Rule 42.1(a)(2) because the trial court has granted a motion for new trial. Because Appellant has established compliance with Rule 42.1(a)(2), we grant Appellant=s motion and dismiss the appeal.

September 12, 2002

ANN CRAWFORD McCLURE, Justice

Before Panel No. 2

Barajas, C.J., McClure, and Chew, JJ.

(Do Not Publish)