Reliance National Insurance Company and ABF Freight Systems, Inc. v. John Winfrey, Darrel Ray Beaty and General Aluminum Corporation--Appeal from 12th District Court of Madison County

Reliance National Ins Comp. and ABF Freight Systems, Inc. v. John Winfrey, Darrel Ray Beaty and General Aluminum Corp. /**/

IN THE

TENTH COURT OF APPEALS

 

No. 10-01-321-CV

 

RELIANCE NATIONAL INSURANCE

COMPANY AND

ABF FREIGHT SYSTEMS, INC.,

Appellants

v.

 

JOHN WINFREY,

DARREL RAY BEATY AND

GENERAL ALUMINUM CORPORATION,

Appellees

 

From the 12th District Court

Madison County, Texas

Trial Court # 00-9186-012-01

MEMORANDUM OPINION

John Winfrey filed suit against Darrel Ray Beaty and General Aluminum Corporation (GAC) seeking damages for injuries he allegedly sustained in a collision between his truck and a GAC truck operated by Beaty. Reliance National Insurance Company carried a policy of worker s compensation insurance for Winfrey s employer ABF Freight Systems, Inc. Reliance and ABF intervened in Winfrey s suit asserting a subrogation claim. The court granted a motion for summary judgment jointly filed by Winfrey, Beaty, and GAC, dismissing the intervenors claims without prejudice. The court granted the intervenors motion to sever their claims, and they appealed. Thereafter, Winfrey settled his claims against Beaty and GAC, and the trial court rendered judgment in accordance with their settlement agreement.

Reliance and ABF have filed a motion to dismiss their appeal. The inform us that the parties have reached a compromise and settlement of all matters in controversy.

Rule of Appellate Procedure 42.1(a)(2) provides:

(a) The appellate court may dispose of an appeal as follows:

(2) in accordance with a motion of appellant to dismiss the appeal or affirm the appealed judgment or order; but no other party may be prevented from seeking any relief to which it would otherwise be entitled.

Tex. R. App. P. 42.1(a)(2).

Appellants dismissal motion complies with the requirements of the appellate rules. Accordingly, this cause is dismissed with costs to be taxed against the party incurring same.

 

PER CURIAM

 

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Appeal dismissed

Opinion delivered and filed February 6, 2002

Do not publish

[CV06]