COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
HOME INSURANCE COMPANY, )
) No. 08-02-00414-CV
Appellant, )
) Appeal from the
v. )
) 162nd District Court
EDWARD R. GONZALEZ, )
) of Dallas County, Texas
Appellee. )
) (TC# 01-09025-I)
MEMORANDUM OPINION
Pending before the Court is the Appellant=s motion to dismiss this appeal pursuant to Tex.R.App.P. 42.1(a)(2), which states:
(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 party may be prevented from seeking any relief to which it would otherwise be entitled.
Appellant has complied with the requirements of Rule 42.1(a)(2). The Court has considered this cause on the Appellant=s motion and concludes the motion should be granted and the appeal should be dismissed. We therefore dismiss the appeal.
January 23, 2003
DAVID WELLINGTON CHEW, Justice
Before Panel No. 3
Barajas, C.J., Larsen, and Chew, JJ.