ACCEPTED
04-15-00587-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
9/24/2015 4:55:25 PM
KEITH HOTTLE
CLERK
No. 04-15-00587-CV
FILED IN
4th COURT OF APPEALS
In the Fourth District Court of Appeals SAN ANTONIO, TEXAS
San Antonio, Texas 09/24/2015 4:55:25 PM
KEITH E. HOTTLE
Clerk
ESSEX INSURANCE COMPANY,
Appellant,
v.
RAFAEL ZUNIGA,
Appellee.
On Appeal from the 229th Judicial District Court
Duval County, Texas
Cause No. DC-13-112-A
JOINT MOTION TO DISMISS APPEAL
TO THE HONORABLE COURT OF APPEALS:
Pursuant to Texas Rule of Appellate Procedure 42.1(a)(2), Appellant Essex
Insurance Company (“Appellant”), and Appellee Rafael Zuniga (“Appellee”),
jointly move the Court to dismiss this appeal.
1. Appellant and Appellee are the sole parties to this appeal.
2. Appellant and Appellee have fully settled all matters between them
related to the subject matter of the appeal and wish to dismiss the appeal to
effectuate their settlement.
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3. As indicated by their signatures below, both Appellant and Appellee
join in this motion, and the parties will bear their own costs associated with the
appeal.
CONCLUSION AND PRAYER
For these reasons, Appellant and Appellee respectfully request that the Court
dismiss this appeal and assess costs of the appeal against the party incurring same.
Respectfully submitted,
/s/ Joseph A. Ziemianski
Joseph A. Ziemianski
State Bar No. 00797732
E-mail: jziemianski@cozen.com
Bryan P. Vezey
State Bar No. 00788583
E-mail: bvezey@cozen.com
COZEN O’CONNOR
One Houston Center
1221 McKinney St., Suite 2900
Houston, Texas 77010
Telephone: (832) 214-3900
Telecopier: (832) 214-3905
ATTORNEYS FOR APPELLANT,
ESSEX INSURANCE COMPANY
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/s/ Robert P. Wilson *Signed by Permission
Robert P. Wilson
State Bar No. 21718575
rwilson@thomasjhenrylaw.com
Roger L. Turk
State Bar No. 00788561
rlturk@thomasjhenrylaw.com
LAW OFFICES OF THOMAS J. HENRY
521 Starr Street
Corpus Christi, Texas 78401
Telephone: (361) 985-0600
Facsimile: (361) 985-0601
ATTORNEYS FOR APPELLEE,
RAFAEL ZUNIGA
CERTIFICATE OF CONFERENCE
The undersigned counsel certifies that I communicated with Robert Wilson,
counsel for Appellee, on September 24, 2015, regarding this motion to dismiss
appeal, and he stated that his client joins in the relief sought in this motion.
/s/ Bryan P. Vezey
Bryan P. Vezey
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CERTIFICATE OF SERVICE
On September 24, 2015, I electronically filed this Joint Motion to Dismiss
Appeal with the Clerk of the Court using the eFile.TXCourts.gov electronic filing
system, which will send notification of such filing to the following (unless
otherwise noted below).
Robert P. Wilson
Roger L. Turk
LAW OFFICES OF THOMAS J. HENRY
521 Starr Street
Corpus Christi, Texas 78401
Facsimile: (361) 985-0601
E-mail: rwilson@thomasjhenrylaw.com
E-mail: rlturk@thomasjhenrylaw.com
Attorneys for Appellee, Rafael Zuniga
/s/ Joseph A. Ziemianski
Joseph A. Ziemianski
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