Court of Civil Appeals of Texas, 2015

in the Estate of George Garner

in the Estate of George Garner
Court of Civil Appeals of Texas · Decided September 2, 2015

in the Estate of George Garner

Opinion

NUMBERS 13-15-00116-CV & 13-15-00221-CV

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ____________________________________________________________ IN THE ESTATE OF GEORGE GARNER, DECEASED ____________________________________________________________ On appeal from the County Court at Law No. 3 of Nueces County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Chief Justice Valdez and Justices Benavides and Perkes Memorandum Opinion Per Curiam Appellant, David Gardner, the independent administrator of the Estate of George Gardner, perfected appeals from: (1) a judgment entered in trial court cause number 2013-PR-000349-3, docketed in our appellate cause number 13-15-00116-CV; and (2) trial court cause number 2013-PR-000349-3, docketed in our appellate cause number 13- 15-00221-CV. Appellant has now filed motions to dismiss each of these appellate causes on grounds that the parties have settled and compromised the matters subject to these appeals. Appellant’s motions to dismiss are unopposed.

The Court, having considered the documents on file and appellant’s motions to dismiss the appeals, is of the opinion that the motions should be granted. See TEX. R. APP. P. 42.1(a). Appellant’s motions to dismiss are granted, and the appeals are hereby DISMISSED. Pursuant to the agreement of the parties, costs will be taxed against the party incurring same. See id. R. 42.1(d) ("Absent agreement of the parties, the court will tax costs against the appellant."). Having dismissed the appeals at appellant’s request, no motions for rehearing will be entertained, and our mandates will issue forthwith.

PER CURIAM Delivered and filed the 2nd day of September, 2015.

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