Great American Lloyds Insurance Company v. Audubon Insurance Company--Appeal from 160th Judicial District Court of Dallas County (memorandum opinion )
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Appeal l)ismissed and Opinion Filed ,Januarv 8, 2013 In The QEonrt of tppea( jfiftlj itrtrt of xa at atta No. 05-1 i-00021-CV CREAT AMERICAN LLOYDS INSURANCE COMPANY, Appellant V. AUDUBON INSURANCE COMPANY, Appellee On Appeal from the 160th Judicial District Court 1)allas County, Texas CaUSe No. 07-6321-H Trial Court MEMORANDUM OPINION ON REMAND Before 3 tistices O Neill, Lang-Miers, and Richter 1 Opinion By Justice Lang-Miers Appellant Great American Lloyds Insurance Company appealed the trial court s judgment in favor of Appellee Audubon Insurance Company. We issued our opinion and judgment on August 6, 2012, affirming the trial court s judgment. Great American sought and received extensions of time to file its petition for review in the Supreme Court of Texas. Meanwhile, the parties reached a full and final settlement of their claims in this case, and Great American filed a motion to abate the appeal in the supreme court. The supreme court granted the motion, treating it as a petition for review. Without regard to the merits, the supreme court The Honorable Martin E. Richter. Retired Justice. sitting by assignment. granted the petition and remanded the case to this Court br rendition of judgment in accordance with the parties settlement agreement. As part of their settlement agreement, the parties have filed a joint motion asking this Court to withdraw its opinion of August 6, 2012, vacate the judgment of that date, render a judgment of dismissal with prejudice, and tax costs of court against the party incurring the costs. We grant the Decenther 28, 2012 agreed motion. We withdraw our August 6, 20 12 opinion in this case and vacate the Court s judgment of that date. This is now the opinion of the Court, Pursuant to the parties settlement agreement, we dismiss this appeal with prejudice and tax costs of court against the party incurring the costs. See TEX. R. APP. P. 42. l(a)(2)(A). 4 ELIZABETH LANG-MIERS JUSTICE 1 1002 1FP05 QIottrt of pptat ,fIftj Oitrict of cxa at afta JUDGMENT GREAT AMERICAN LLOYDS INSURANCE COMPANY, Appellant No, 051 L0002LCV Appeal from the 160th Judicial District Court of Dallas County, Texas (Trial Court No. 07632l). Opinion delivered by Justice LangMiers, Justices O Neill and Richter participating. AUDUBON INSURANCE COMPANY, Appellee We withdraw our opinion of August 6, 2012, and vacate the judgment of that date. Based on the Court s opinion of this date, we DISMISS the appeal with prejudice. Each party shall bear its own costs of court. Judgment entered January 8, 2013. 1 ELIZABETH LANGMIERS JUSTICE
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