Bob and Jean Glaze v. Beacon National Insurance Company--Appeal from 115th District Court of Upshur County

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-02-00166-CV
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BOB AND JEAN GLAZE, Appellants
V.
BEACON NATIONAL INSURANCE COMPANY, Appellee
On Appeal from the 115th Judicial District Court
Upshur County, Texas
Trial Court No. 62-95
Before Morriss, C.J., Ross and Carter, JJ.
Memorandum Opinion by Chief Justice Morriss
MEMORANDUM OPINION

Bob and Jean Glaze filed a notice of appeal to this Court from a judgment signed July 3, 2002, in cause number 62-95 in the 115th Judicial District Court of Upshur County. Before they filed their notice of appeal, the opposing party in the lawsuit filed a notice of appeal to the Twelfth Court of Appeals in Tyler, a court with which we share jurisdiction over appeals from Upshur County.

Because Beacon's notice of appeal was filed first, the Tyler Court of Appeals acquired exclusive jurisdiction over the controversy. In accordance with Miles v. Ford Motor Co., 914 S.W.2d 135 (Tex. 1995), we abated this appeal pending disposition of the appeal by the Tyler Court of Appeals.

The Tyler Court of Appeals has issued its opinion and disposed of a motion for rehearing on that opinion. Accordingly, we now reinstate this appeal, and dismiss.

We dismiss the appeal.

 

Josh R. Morriss, III

Chief Justice

 

Date Submitted: July 1, 2003

Date Decided: July 2, 2003