MOUNT VERNON FIRE INSURANCE COMPANY v. GROWING TREE LEARNING CENTER (2017)

MEMORANDUM OPINION

Memorandum Opinion by Justice Longoria

Appellant Mount Vernon Fire Insurance Company filed a petition seeking to bring a permissive appeal in this case on February 9, 2017. See TEX. R. APP. P. 28.3. Appellant has moved to dismiss the appeal pursuant to Rule 42.1(a)(1) of the Texas Rules of Appellate Procedure. See id. R. 42.1(a)(1). Appellant informs us in its motion that its petition was mistakenly forwarded to this Court by the Hidalgo County District Clerk's Office.

The Court, having considered the documents on file and appellant's motion to dismiss the appeal, is of the opinion that the motion should be granted. See id. Appellant's motion to dismiss is granted and the appeal is hereby DISMISSED. Costs of the appeal will not be taxed against appellant. See id. R. 42.1(d). All pending motions are dismissed as moot. Having dismissed the appeal at the parties' request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

NORA L. LONGORIA Justice