                             NUMBER 13-08-102-CV

                           COURT OF APPEALS

                 THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
_____________________________________________________________

INSURANCE COMPANY
OF THE STATE OF PENNSYLVANIA,
                                                                           Appellant,

                                          v.

RAY AHLERS,                                         Appellee.
____________________________________________________________

              On appeal from the 36th District Court
                  of San Patricio County, Texas.
______________________________________________________________

                         MEMORANDUM OPINION

                  Before Justices Yañez, Rodriguez, and Vela
                      Memorandum Opinion Per Curiam

      Appellant, Insurance Company of the State of Pennsylvania, and appellee, Ray

Ahlers, have filed an agreed motion to reverse the trial court’s judgment, remand the

cause, and accelerate the mandate. The parties further ask that this Court tax the costs
of appeal against the party incurring same. According to the motion, the parties have now

resolved the issues presented in this appeal.

       The Court, having considered the documents on file and the agreed motion to

reverse and remand and accelerate the mandate, is of the opinion that the motion should

be granted. See TEX . R. APP. P. 42.1(a). The agreed motion is GRANTED, and the trial

court’s judgment is REVERSED and the cause is REMANDED for further proceedings.

       We direct the Clerk of this Court to issue the mandate contemporaneously with this

opinion. See id. 18.1(c) (modifying the time for issuance of mandate “if the parties so

agree, or for good cause on the motion of a party.”). Pursuant to the agreement of the

parties, costs will be taxed against the party incurring same. See id. 42.1(d) ("Absent

agreement of the parties, the court will tax costs against the appellant.").

                                                                PER CURIAM

Memorandum Opinion delivered and
filed this the 27th day of March, 2008.




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