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MEMORANDUM OPINION No. 04-10-00416-CV THE ESTATE OF MARTHA JANE VALDEZ, Deceased From the Probate Court No. 1, Bexar County, Texas Trial Court No. 2008-PC-3026 Honorable Polly Jackson Spencer, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Justice Phylis J. Speedlin, Justice Rebecca Simmons, Justice Delivered and Filed: August 11, 2010 VACATED AND APPEAL DISMISSED The appellant filed a motion to dismiss this appeal. On June 30, 2010, this court issued an opinion and judgment dismissing the appeal. On July 15, 2010, appellant filed a Request for Clarification or Modification of June 30, 2010 Memorandum Opinion. We grant the motion and withdraw our opinion and judgment of June 30, 2010 and issue this opinion and judgment in its place.

The trial court’s judgment dated March 2, 2010 is hereby vacated and this appeal is dismissed. See TEX . R. APP . PROC. 43.2(e), (f). Appellant’s request for immediate issuance of the mandate is also granted. It is therefore ORDERED that the Clerk of this court issue mandate 04-04-00416-CV

contemporaneously with this opinion and judgment. Costs of appeal are taxed against the party who incurred them.

PER CURIAM

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