Foremost County Mutual Insurance Company v. Happy State Bank

In The
Court of Appeals
Seventh District of Texas at Amarillo

No. 07-22-00148-CV

FEDERAL INVESTORS SERVICING CORPORATION, APPELLANT

V.

HAPPY STATE BANK, APPELLEE

On Appeal from the 47th District Court
Potter County, Texas
Trial Court No. 110844-A-CV, Honorable Dan L. Schaap, Presiding

No. 07-22-00373-CV

FOREMOST COUNTY MUTUAL INSURANCE COMPANY, APPELLANT

V.

HAPPY STATE BANK, APPELLEE

On Appeal from the 47th District Court
Potter County, Texas
Trial Court No. 111302-A-CV, Honorable Dan L. Schaap, Presiding

December 20, 2024
MEMORANDUM OPINION
Before PARKER and DOSS and YARBROUGH,1 JJ.

Centennial Bank f/k/a Happy State Bank, Appellee/Cross-Appellant in both of the

above-styled cases, Federal Investors Servicing Corporation, Appellant/Cross-Appellee

in cause No. 07-22-00148-CV, and Foremost County Mutual Insurance Company,

Appellant/Cross-Appellee in cause No. 07-22-00373-CV have filed an agreed motion

requesting dismissal of cause numbers 07-22-00148-CV and 07-22-00373-CV.

Pursuant to Rule of Appellate Procedure 42.1(a)(2)(B), we set aside the judgments

of the trial court in cause numbers 110,844-A-CV (07-22-00148-CV) and 111,302-A-CV

(07-22-00373-CV) without regard to the merits of either case, and remand both cases to

the trial court for rendition of a judgment in each according to the parties’ agreement. The

parties have not presented an agreement concerning costs; therefore, costs are taxed

against the party incurring them.

Per Curiam

1 Justice Alex Yarbrough, not participating.

2