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

M E M O R A N D U M O P I N I O N

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