Dennis Buxton and Son Chu Buxton v. United Services Automobile Association Appeal from 224th Judicial District Court of Bexar County (memorandum opinion)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-18-00614-CV Dennis BUXTON and Son Chu Buxton, Appellants v. UNITED SERVICES AUTOMOBILE ASSOCIATION and Reed Whiting, Appellees From the 224th Judicial District Court, Bexar County, Texas Trial Court No. 2016-CI-20679 Honorable Rosie Alvarado, Judge Presiding Opinion by: Beth Watkins, Justice Sitting: Sandee Bryan Marion, Chief Justice Luz Elena D. Chapa, Justice Beth Watkins, Justice Delivered and Filed: August 26, 2020 MOTION TO DISMISS GRANTED; APPEAL DISMISSED On August 29, 2018, appellants Dennis and Son Chu Buxton filed a notice of appeal, seeking to appeal the trial court’s order granting summary judgment in favor of appellee United Services Automobile Association. On March 4, 2019, we abated the appeal pending the Texas Supreme Court’s decision in Ortiz v. State Farm Lloyds, Cause Number 17-1048. After the supreme court issued opinions in Ortiz and Barbara Technologies Corp. v. State Farm Lloyds, Cause Number 17-0640, on June 28, 2019, and denied rehearing in both causes on December 13, 2019, we reinstated the appeal. Both parties submitted supplemental briefing on the impact of the 04-18-00614-CV supreme court’s opinions, and this case was formally set for submission on briefs on March 25, 2020. On August 10, 2020, the Buxtons filed a voluntary motion to dismiss pursuant to Rule 42.1(a)(1) of the Texas Rules of Appellate Procedure. After consideration, we grant the motion and order all costs to be borne by the Buxtons. See TEX. R. APP. P. 42.1(a)(1), (d) (stating absent agreement of parties, court will tax costs against appellant). Beth Watkins, Justice -2-

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