                            NUMBER 13-13-00148-CV

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
____________________________________________________________

PROGRESSIVE COUNTY
INSURANCE CO.,                                                          Appellant,

                                          v.

RAUL ARANA,                                         Appellee.
____________________________________________________________

              On appeal from the 23rd District Court
                  of Matagorda County, Texas.
____________________________________________________________

                         MEMORANDUM OPINION
      Before Chief Justice Valdez and Justices Garza and Perkes
                  Memorandum Opinion Per Curiam

      Appellant, Progressive County Mutual Ins. Co., filed an appeal from a judgment

entered by the 23rd District Court of Matagorda County, Texas, in cause number

11-H-0260-C. Appellant has filed a motion to dismiss the appeal on grounds the appeal

is moot. Appellee has not filed a response to the motion to dismiss.
       The trial court signed a judgment in favor of appellee and against appellant on

February 20, 2013. The trial court, on its own motion, granted a new trial on March 13,

2013, while it still had plenary jurisdiction over the case. See TEX. R. CIV. P. 329b (c), (e).

       The Court, having considered the documents on file and appellant’s motion to

dismiss the appeal, is of the opinion that the motion should be granted. See TEX. R. APP.

P. 42.1(a).   Appellant’s motion to dismiss is GRANTED, and the appeal is hereby

DISMISSED AS MOOT. Costs will be taxed against appellant. See TEX. R. APP. P.

42.1(d) ("Absent agreement of the parties, the court will tax costs against the appellant.").

Having dismissed the appeal at appellant’s request, no motion for rehearing will be

entertained, and our mandate will issue forthwith.



                                                   PER CURIAM

Delivered and filed the
13th day of June, 2013.




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