Appeal l)ismissed and Opinion Filed ,Januarv 8, 2013
In The
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No. 05-1 i-00021-CV
CREAT AMERICAN LLOYDS INSURANCE COMPANY, Appellant
V.
AUDUBON INSURANCE COMPANY, Appellee
On Appeal from the 160th Judicial District Court
1)allas County, Texas
Trial Court CaUSe No. 07-6321-H
MEMORANDUM OPINION ON REMAND
Before 3 tistices O’Neill, Lang-Miers, and Richter
1
Opinion By Justice Lang-Miers
Appellant Great American Lloyds Insurance Company appealed the trial court’s
judgment in favor of Appellee Audubon Insurance Company. We issued our opinion and
judgment on August 6, 2012, affirming the trial court’s judgment. Great American sought and
received extensions of time to file its petition for review in the Supreme Court of Texas.
Meanwhile, the parties reached a full and final settlement of their claims in this case, and Great
American filed a motion to abate the appeal in the supreme court. The supreme court granted the
motion, treating it as a petition for review. Without regard to the merits, the supreme court
The Honorable Martin E. Richter. Retired Justice. sitting by assignment.
granted the petition and remanded the case to this Court br rendition of judgment in accordance
with the parties’ settlement agreement.
As part of their settlement agreement, the parties have filed a joint motion asking this
Court to withdraw its opinion of August 6, 2012, vacate the judgment of that date, render a
judgment of dismissal with prejudice, and tax costs of court against the party incurring the costs.
We grant the Decenther 28, 2012 agreed motion. We withdraw our August 6, 20 12 opinion in
this case and vacate the Court’s judgment of that date. This is now the opinion of the Court,
Pursuant to the parties’ settlement agreement, we dismiss this appeal with prejudice and
tax costs of court against the party incurring the costs. See TEX. R. APP. P. 42. l(a)(2)(A).
4
ELIZABETH LANG-MIERS
JUSTICE
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JUDGMENT
GREAT AMERICAN LLOYDS Appeal from the 160th Judicial District
INSURANCE COMPANY, Appellant Court of Dallas County, Texas (Trial Court
No. 07632l).
No, 051 L0002LCV Opinion delivered by Justice LangMiers,
Justices O’Neill and Richter participating.
AUDUBON INSURANCE COMPANY,
Appellee
We withdraw our opinion of August 6, 2012, and vacate the judgment of that date. Based
on the Court’s opinion of this date, we DISMISS the appeal with prejudice. Each party shall bear
its own costs of court.
Judgment entered January 8, 2013.
1
ELIZABETH LANGMIERS
JUSTICE