Opinion issued April 15, 2004

In The

Court of Appeals

For The

First District of Texas

NO. 01–03–01272–CV

FORTIS INSURANCE COMPANY, Appellant

V.

RONALD E. WHITELY, INDIVIDUALLY AND ON BEHALF OF ALL PERSONS SIMILARLY SITUATED, Appellees

On Appeal from the 155th District Court

Austin County, Texas

Trial Court Cause No. 2000V0078

MEMORANDUM OPINIONAppellant Fortis Insurance Company has filed a motion to dismiss its appeal.More than 10 days have elapsed, and no objection has been filed. No opinion has issued. Accordingly, the motion is granted, and the appeal is dismissed. Tex. R. App. P. 42.1(a)(1).

          All other pending motions in this appeal are overruled as moot. The Clerk is directed to issue mandate within 10 days of the date of this opinion. Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Chief Justice Sherry Radack and Justices Taft and Keyes.