Jimmy Gonzales v. State of Texas

Opinion filed July 21, 2011

In The

Eleventh Court of Appeals

__________ No. 11-05-00264-CV __________

THE PRUDENTIAL INSURANCE COMPANY OF AMERICA AND FOUR PARTNERS, LLC D/B/A PRIZM PARTNERS AND D/B/A UNITED

COMMERCIAL PROPERTY SERVICES, Appellants

V.

ITALIAN COWBOY PARTNERS, LTD., FRANCESCO SECCHI, AND

JANE SECCHI, Appellees

On Appeal from the County Court at Law No. 3 Dallas County, Texas Trial Court Cause No. CC-01-07465-C

MEMORANDUM OPINION ON REMAND

The Prudential Insurance Company of America and Four Partners, LLC d/b/a Prizm Partners and d/b/a United Commercial Property Services are the appellants in this appeal. They have filed an unopposed motion to dismiss the appeal. In the motion, appellants state that they “hereby move this Court to dismiss this appeal. Appellees Italian Cowboy Partners, Ltd., Francesco Secchi, and Jane Secchi do not oppose this Motion.”

Appellants have cited TEX. R. APP. P. 42.1(a)(2) as the procedural basis for their requested dismissal. This specific provision pertains to dismissals by agreement. In this regard, appellants have not indicated that the requested dismissal is based upon an agreement nor have they filed a written settlement agreement with the clerk. Accordingly, we will consider their requested dismissal pursuant to TEX. R. APP. P. 42.1(a)(1). Therefore, in accordance with appellants’ request, we dismiss the appeal.

The motion to dismiss is granted, and the appeal is dismissed.

PER CURIAM July 21, 2011 Panel consists of: Wright, C.J., McCall, J., and Hill, J.1