WC 1217 1221 LP v. Mid-Century Insurance Co. and Park Moyer (2016)

Dear Counsel:

The Court is in receipt of three motions filed by appellee, Mid-Century Insurance Co., in the above-identified cause. These motions are a motion to recall mandate, for rehearing, and to dismiss appeal.

By order of the Court, Mid-Century's motion to recall mandate is granted and the appeal is reinstated.

By order of the Court, Mid-Century's motion for rehearing is denied.

Finally, because Mid-Century's motion to dismiss appeal does not comply with the requisites of Texas Rule of Appellate Procedure 42.1,¹ by order of the Court, that motion is hereby denied.²

On the basis of Mid-Century's statement that the parties wish that the appeal be dismissed, the Court will grant the parties ten days to file a motion to dismiss that complies with Texas Rule of Appellate Procedure 42.1, or mandate will reissue.

Very truly yours,

VIVIAN LONG, CLERK

FOOTNOTES

1.   TEX. R. APP. P. 42.1(a)(1) authorizes this Court to dismiss an appeal on the motion of appellant. Mid-Century's motion is filed by the appellee.TEX. R. APP. P. 42.1(a)(2) authorizes this Court to dismiss an appeal by the agreement of the parties but such an agreement must be manifested by the agreement being signed by the parties or their attorneys. Mid-Century's motion is not signed by WC 1217-1221 Haven Lane, LP or its counsel.

2.   Mid-Century further cites to Hedrick v. Matthews, 216 S.W. 424, 426 (Tex. Civ. App.—Amarillo 1919, no writ), for the proposition that an appeal should be dismissed as moot upon settlement of all matters involved in the appeal. However, as in Hedrick, there is nothing before this court that affirmatively establishes that the parties have reached a settlement of their dispute.