Opinion filed July 21, 2011
In The
Eleventh Court of Appeals
__________
No. 11-05-00264-CV
__________
THE PRUDENTIAL INSURANCE COMPANY OF AMERICA AND
FOUR PARTNERS, LLC D/B/A PRIZM PARTNERS AND D/B/A UNITED
COMMERCIAL PROPERTY SERVICES, Appellants
V.
ITALIAN COWBOY PARTNERS, LTD., FRANCESCO SECCHI, AND
JANE SECCHI, Appellees
On Appeal from the County Court at Law No. 3
Dallas County, Texas
Trial Court Cause No. CC-01-07465-C
MEMORANDUM OPINION ON REMAND
The Prudential Insurance Company of America and Four Partners, LLC d/b/a Prizm
Partners and d/b/a United Commercial Property Services are the appellants in this appeal. They
have filed an unopposed motion to dismiss the appeal. In the motion, appellants state that they
“hereby move this Court to dismiss this appeal. Appellees Italian Cowboy Partners, Ltd.,
Francesco Secchi, and Jane Secchi do not oppose this Motion.”
Appellants have cited TEX. R. APP. P. 42.1(a)(2) as the procedural basis for their
requested dismissal. This specific provision pertains to dismissals by agreement. In this regard,
appellants have not indicated that the requested dismissal is based upon an agreement nor have
they filed a written settlement agreement with the clerk. Accordingly, we will consider their
requested dismissal pursuant to TEX. R. APP. P. 42.1(a)(1). Therefore, in accordance with
appellants’ request, we dismiss the appeal.
The motion to dismiss is granted, and the appeal is dismissed.
PER CURIAM
July 21, 2011
Panel consists of: Wright, C.J.,
McCall, J., and Hill, J.1
1
John G. Hill, Former Justice, Court of Appeals, 2nd District of Texas at Fort Worth, sitting by assignment.
2