December 14, 2007

Mr. Wade Caven Crosnoe Thompson Coe Cousins & Irons, L.L.P. 701 Brazos, Suite 1500 Austin, TX 78701 Mr. Gavin H. McInnis Maloney & Maloney, P.C. 14100 San Pedro, Suite 510 San Antonio, TX 78232

RE: Case Number: 05-0645 Court of Appeals Number: 03-04-00621-CV Trial Court Number: GN303879

Style: ALLSTATE INSURANCE COMPANY, ALLSTATE INDEMNITY COMPANY, AND ALLSTATE PROPERTY & CASUALTY INSURANCE COMPANY v. CEVIA FLEMING, INDIVIDUALLY AND ON BEHALF OF ALL OTHER PERSONS SIMILARLY SITUATED

Dear Counsel:

Today the Supreme Court of Texas withdraws its order of April 21, 2006, granting the petition for review, as the petition was improvidently granted and issued the enclosed per curiam opinion. The petition for review is dismissed for want of jurisdiction in the above-referenced cause.

Sincerely, [pic]

Blake A. Hawthorne, Clerk

by Claudia Jenks, Chief Deputy Clerk Enclosures |cc:|Ms. Amalia Rodriguez | | |Mendoza | | |Mr. Jeffrey Kyle |