Great Texas County Mutual Insurance Company v. Michael Ray Carbaugh--Appeal from 356th District Court of Hardin County

In The
Court of Appeals
Ninth District of Texas at Beaumont
____________________
NO. 09-03-384 CV
____________________
GREAT TEXAS COUNTY MUTUAL INSURANCE COMPANY, Appellant
V.
MICHAEL RAY CARBAUGH, Appellee
On Appeal from the 356th District Court
Hardin County, Texas
Trial Cause No. 41,886
MEMORANDUM OPINION (1)

Great Texas County Mutual Insurance Company filed a motion to dismiss this appeal for mootness. The appellant alleges that a release and satisfaction of judgment has been filed in the trial court and there is no longer an issue in controversy to appeal. The Court finds that this motion is voluntarily made by the appellant through its attorney of record prior to any decision of this Court. Tex. R. App. P. 42.1(a)(1). No other party filed notice of appeal.

It is therefore ORDERED that the motion be granted and the appeal is therefore DISMISSED. Appellate costs are assessed against the appellant.

PER CURIAM

 

Opinion Delivered November 6, 2003

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.