Emin Duskic v. Bergvall Insurance Agency

Opinion issued December 11, 2025

In The

Court of Appeals
For The

First District of Texas
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NO. 01-24-00172-CV
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EMIN DUSKIC, Appellant
V.
BERGVALL INSURANCE AGENCY, Appellee

On Appeal from the 212th District Court
Galveston County, Texas
Trial Court Case No. 23-CV-1233

MEMORANDUM OPINION

Appellant, Emin Duskic, appealed from the trial court’s February 16, 2025

final judgment in favor of appellee, Bergvall Insurance Agency. On June 17, 2025,

the court abated this appeal and referred the parties to mediation. On December 1,

2025, appellant filed an “Agreed Motion to Dismiss Appeal.” In the motion,
appellant stated that the parties “resolved the controversy between them” and the

underlying trial court cause had “been dismissed with prejudice.”

Appellant therefore requested that the Court dismiss the appeal pursuant to

Texas Rule of Appellate Procedure 42.1(a). See TEX. R. APP. P. 42.1(a)(1)

(permitting voluntary dismissal of appeal on motion of appellant). No other party

has filed a notice of appeal, and no opinion has issued. See TEX. R. APP. P.

42.1(a)(1), (c). Appellant’s motion included a certificate of conference stating that

appellee agreed to the relief requested in the motion, and the motion was signed by

counsel for appellee. See TEX. R. APP. P. 10.1(a)(5), 10.3(a).

Accordingly, the Court reinstates the appeal to the Court’s active docket,

grants appellant’s motion, and dismisses the appeal. See TEX. R. APP. P. 42.1(a)(1),

43.2(f). We dismiss all other pending motions as moot.

PER CURIAM
Panel consists of Chief Justice Adams and Justices Gunn and Morgan.

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