IN THE TENTH COURT OF APPEALS No. 10-13-00145-CV TEXAS MUTUAL INSURANCE COMPANY, Appellant v. CAROLINE SIMS, Appellee

From the 272nd District Court Brazos County, Texas Trial Court No. 08-002725-CV-272

MEMORANDUM OPINION Appellant has filed a motion to dismiss stating that it no longer wishes to pursue this appeal. See TEX. R. APP. P. 42.1(a)(1). It seeks dismissal of this appeal with costs to be assessed against the party incurring them.

Dismissal of this appeal would not prevent a party from seeking relief to which it would otherwise be entitled. The motion is granted, and the appeal is dismissed with each party to pay the costs in this behalf expended as they have been incurred.

REX D. DAVIS Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins Motion granted; appeal dismissed Opinion delivered and filed July 17, 2014 [CV06]

Texas Mutual Ins. Co. v. Sims Page 2