Opinion issued March 1, 2007

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-06-01072-CV

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BENITO GUTIERREZ, Appellant

V.

ZURICH AMERICAN INSURANCE COMPANY, Appellee

On Appeal from the 234th District Court

Harris County, Texas

Trial Court Cause No. 2005-60896

MEMORANDUM OPINION

The parties have filed a joint motion to dismiss their appeal. No opinion has issued. Accordingly, the motion is granted, and the appeal is dismissed. Tex. R. App. P. 42.1(a)(2).

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 Radack and Justices Jennings and Bland.