Alma J. Pena v. North American Specialty Insurance Company--Appeal from 406th Judicial District Court of Webb County

MEMORANDUM OPINION

No. 04-05-00522-CV

Alma J. PENA,

Appellant

v.

NORTH AMERICAN SPECIALTY INSURANCE CO.,

Appellee

From the 406th Judicial District Court, Webb County, Texas

Trial Court No. 2004-CVZ-001108-D4

Honorable Oscar J. Hale, Jr., Judge Presiding

PER CURIAM

Sitting: Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Rebecca Simmons, Justice

Delivered and Filed: November 2, 2005

REVERSED AND REMANDED

The trial court dismissed the underlying lawsuit following appellee s plea to the jurisdiction. The parties have filed an Agreement for Reinstatement to Trial Court, requesting that the cause be remanded to the trial court for continued proceedings. The request is granted. The judgment of the trial court is reversed, and the cause is remanded for further proceedings. Costs of appeal are taxed against the party who incurred them. The Clerk of this court is ordered to issue mandate contemporaneously with this opinion and judgment.

PER CURIAM