United Specialty Insurance Company v. Alfonso Cantu and Ramiro Cantu Appeal from 49th Judicial District Court of Webb County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-18-00746-CV UNITED SPECIALTY INSURANCE COMPANY, Appellant v. Alfonso CANTU and Ramiro Cantu, Appellees From the 49th Judicial District Court, Webb County, Texas Trial Court No. 2018CVK000197D1 Honorable Jose A. Lopez, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Delivered and Filed: February 27, 2019 VACATED AND DISMISSED On February 20, 2019, pursuant to Texas Rule of Appellate Procedure 42.1(a)(2), the parties filed a joint motion asking this court to set aside the trial court’s September 19, 2018 and September 25, 2018 summary judgment orders and dismiss this appeal. Attached to the parties’ joint motion is a Rule 11 agreement, which was separately filed in this court, reflecting the parties’ mutual agreement. Although the Rule 11 agreement references this court’s power to remand the cause to the trial court, the joint motion requests dismissal rather than remand. Accordingly, we grant the joint motion, vacate the trial court’s September 19, 2018 and September 25, 2018 04-18-00746-CV summary judgment orders without regard to the merits, and dismiss this appeal. See TEX. R. APP. P. 42.1(a)(2). Further, because the parties’ joint motion and Rule 11 agreement do not reflect an agreement with respect to costs of appeal, we tax costs of appeal against appellant. See TEX. R. APP. P. 42.1(d). PER CURIAM -2-