TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-04-00308-CV

First Indemnity of America Insurance Company, Appellant v. State of Texas, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 126TH JUDICIAL DISTRICT NO. GV301357, HONORABLE LORA J. LIVINGSTON, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant First Indemnity of America Insurance Company has filed a motion to dismiss its appeal. We grant the motion and dismiss the appeal. See Tex. R. App. P. 42.1(a).

David Puryear, Justice Before Justices Kidd, Patterson and Puryear Dismissed on Appellant’s Motion Filed: September 23, 2004