Narrative Opinion Summary
In a legal proceeding involving the United States Fidelity and Guarantee Company as Respondent and an unnamed Appellant, several key procedural actions took place. The Respondent filed a Petition for Rehearing accompanied by a brief, while the Appellant submitted a Memorandum of Costs and Legal Fees. The Respondent objected to these costs and fees. Subsequently, both parties jointly filed a Stipulation and Motion to Dismiss the appeal and requested the withdrawal of the Court’s Opinion. The Court, after considering the matters presented, granted the Motion to Dismiss the appeal, mandating that each party bear its own costs and attorney fees, and ordered a remittitur to be issued promptly. Additionally, the Court approved the withdrawal of its prior opinion, making it non-citable as authority. The Petition for Rehearing and other pending matters were deemed moot and thus denied. This resolution concluded the case without further substantive judicial review of the underlying legal issues.
Legal Issues Addressed
Dismissal of Appealsubscribe to see similar legal issues
Application: The Court approved the Stipulation and Motion to Dismiss the appeal, resulting in a dismissal where each party bears its own costs and attorney fees.
Reasoning: The Court, having fully considered the matters, approved the Stipulation and Motion to Dismiss the appeal, resulting in a dismissal where each party bears its own costs and attorney fees.
Issuance of Remittitursubscribe to see similar legal issues
Application: Following the dismissal of the appeal, the Court ordered that a remittitur will be issued promptly.
Reasoning: A remittitur will be issued promptly.
Petition for Rehearing Denied as Mootsubscribe to see similar legal issues
Application: The Petition for Rehearing filed by the Respondent was denied as moot following the dismissal of the appeal.
Reasoning: The Petition for Rehearing and all other pending matters were denied as moot.
Withdrawal of Court’s Opinionsubscribe to see similar legal issues
Application: The Court granted the Motion to Withdraw the Court’s Opinion, thus rendering the opinion non-citable as authority.
Reasoning: The Motion to Withdraw the Court’s Opinion, dated June 4, 1998, was granted, and this opinion is not to be cited as authority.