You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Liberty Mutual Insurance Company and Colonial County Mutual Insurance. Company v. Old American County Mutual Fire Insurance Company

Citation: Not availableDocket: 07-02-00220-CV

Court: Court of Appeals of Texas; May 7, 2003; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Liberty Mutual Insurance Company and Colonial County Mutual Insurance Company, the appellants, filed a joint motion to dismiss their appeal against Old American County Mutual Fire Insurance Company, the appellee. The parties indicated that they no longer wish to pursue the appeal. The Court of Appeals for the Seventh District of Texas granted the motion to dismiss with prejudice under Texas Rule of Appellate Procedure 42.1(a)(2), meaning the case is dismissed permanently and cannot be refiled. No motion for rehearing will be accepted, and the court will issue its mandate immediately.

Legal Issues Addressed

Dismissal of Appeal with Prejudice

Application: The appellants' request to dismiss their appeal was granted with prejudice, ensuring the case cannot be refiled in the future.

Reasoning: The Court of Appeals for the Seventh District of Texas granted the motion to dismiss with prejudice under Texas Rule of Appellate Procedure 42.1(a)(2), meaning the case is dismissed permanently and cannot be refiled.

Immediate Issuance of Mandate

Application: The court decided to issue its mandate without delay as no further rehearing motions would be entertained.

Reasoning: No motion for rehearing will be accepted, and the court will issue its mandate immediately.