North American Specialty Insurance Company v. Matthew Moore--Appeal from 236th District Court of Tarrant County

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-05-031-CV

IN RE NORTH AMERICAN SPECIALTY RELATOR

INSURANCE COMPANY

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ORIGINAL PROCEEDING

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AND

NO. 2-05-032-CV

NORTH AMERICAN SPECIALTY APPELLANT

INSURANCE COMPANY

V.

MATTHEW MOORE APPELLEE

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FROM THE 236TH DISTRICT COURT OF TARRANT COUNTY

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MEMORANDUM OPINION[1] AND JUDGMENT

We have considered the AUnopposed Amended Motion to Dismiss@ filed by relator and appellant North American Specialty Insurance Company and are of the opinion that the motion should be GRANTED. Therefore, in accordance with appellant=s motion, we dismiss the interlocutory appeal filed under cause number 02-05-032-CV, see Tex. R. App. P. 42.1(a)(1), 43.2(f), and the original proceeding filed under cause number 02-05-031-CV.

Costs of the interlocutory appeal and original proceeding shall be paid by North American Specialty Insurance Company, for which let execution issue.

See Tex. R. App. P. 42.1(d).

PER CURIAM

PANEL A: LIVINGSTON, J.; CAYCE, C.J.; and HOLMAN, J.

DELIVERED: September 15, 2005

[1]See Tex. R. App. P. 47.4.