NO. 12-07-00094-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

HOME STATE COUNTY

MUTUAL INSURANCE COMPANY,        §          APPEAL FROM THE 273RD

APPELLANT/CROSS-APPELLEE

V.        §          JUDICIAL DISTRICT COURT OF

GEORGE HORN, JR., INDIVIDUALLY

AND AS ASSIGNEE OF BURRELL ROWE,

AS ADMINISTRATOR OF THE ESTATE            §          SABINE COUNTY, TEXAS

OF ERIC A. HULETT, DECEASED, AND

BURRELL ROWE, AS ADMINISTRATOR

OF THE ESTATE OF ERIC A. HULETT,

DECEASED,

APPELLEES/CROSS-APPELLANTS

MEMORANDUM OPINION

PER CURIAM

            Cross-Appellants/Appellees George Horn Jr. and Burrell Rowe¹ have filed a motion to dismiss their appeal.  In their motion, they allege that their appeal is now unnecessary because of certain actions by the trial court.  A copy of their motion has been served on all opposing counsel, and Cross-Appellants/Appellees allege in their motion that opposing counsel does not oppose the dismissal.

            Because Cross-Appellants/Appellees have met the requirements of Texas Rule of Appellate Procedure 42.1(a)(1), the motion is granted and Cross-Appellants/Appellees’ appeal is dismissed.  This dismissal does not affect Appellant’s pending appeal.

Opinion delivered December 21, 2007.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH)