COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
OLD AMERICAN COUNTY MUTUAL FIRE )
INSURANCE COMPANY, ) No. 08-05-00021-CV
)
Appellant, ) Appeal from the
)
v. ) 14th District Court
)
RLI INSURANCE COMPANY, ) of Dallas County, Texas
)
Appellee. ) (TC# 04-07712)
)
MEMORANDUM OPINION
Pending before the Court is Appellant=s unopposed joint motion to dismiss this appeal. In the motion, Appellant represents to this Court that the parties mediated their dispute and have now resolved all claims and controversies in the underlying lawsuit. Further, Appellant informs the Court that it no longer desires to pursue this appeal. Appellant also requests that each party bear its own allocation of costs on appeal. Appellant=s counsel has conferred with Appellee=s counsel and Appellee=s counsel does not oppose the motion. See Tex.R.App.P. 42.1(d)(Absent agreement of the parties, the court will tax against the appellant).
We have considered this cause on this motion and conclude that the motion should be granted. See Tex.R.App.P. 42.1 (a)(1), (2). We therefore dismiss the appeal.
March 31, 2005
DAVID WELLINGTON CHEW, Justice
Before Barajas, C.J., McClure, and Chew, JJ.