Court of Appeals of Texas, 2016

in the Estate of Ramiro Aguilar, Jr.

Court of Appeals of Texas · Decided July 7, 2016 · No. 04-16-00249-CV

Court's original (PDF)

Opinion

ACCEPTED 04-16-00249-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

7/7/2016 5:37:27 PM

KEITH HOTTLE

CLERK NO. 04-16-00249-CV COURT OF APPEALS

FOURTH DISTRICT OF TEXAS FILED IN

4th COURT OF APPEALS SAN ANTONIO, TEXAS SAN ANTONIO, TEXAS

7/7/2016 5:37:27 PM IN RE: RAMIRO AGUILAR, JR. KEITH E. HOTTLE

Clerk ANTHONY C. AGUILAR and MICHAEL A. AGUILAR

Appellants, vs. MARGARET MORALES,

Appellee.

On Appeal from Cause No. 2012-PC-2800 from

Statutory Probate Court 2 Bexar County, Texas

APPELLANTS’ UNOPPOSED MOTION TO DISMISS APPEAL

ANTHONY C. AGUILAR 11405 North Loop El Paso, Texas 79927-9523 (915) 858-0225 [email protected] Tex. Bar No. 00936000 VICTOR FALVEY ATTORNEY FOR MICHAEL A. AGUILAR 8732 Alameda El Paso, Texas 79907 (915) 858-0665 (915) 858-3116 fax [email protected] Tex. Bar No. 06800200

TO THE HONORABLE COURT:

Comes now Anthony C. Aguilar and Michael A. Aguilar [the Aguilars] and files this Motion to Dismiss Appeal and as grounds therefore would show the Court the following.

1. As the Court is aware, there is no mandatory manner to close a probate Estate. There must be a showing there is no necessity for further administration of the Estate, that the debts and taxes have been paid and the assets distributed to the beneficiaries. Each of the three requirements has been met. Margaret Morales has stated there is no necessity for further administration of the Estate, that all debts and taxes have been paid and the assets of the Estate have been distributed. Additionally, there is an Order approving the final accounting and there is another Order containing a “Mother Hubbard” clause concerning pending matters in the probate court. The Order approving the final accounting contained a statement concerning a declaratory judgment action and closing the Estate. But the Order approving the final accounting coupled with the distribution of the assets of the Estate and then the Order containing a ”Mother Hubbard” clause closed the Estate and nullified any declaratory judgment action.1

2. Unfortunately there will be other appeals but the factual issues that were to be raised in this appeal will be part of the new appeal(s).

Certificate of Conference. Anthony C. Aguilar certifies he conferenced with Laura Cavaretta concerning this Motion. She does not oppose the Motion.

Wherefore, Premises Considered, the Aguilars pray the above appeal be dismissed.

Respectfully Submitted, /s/ Anthony Aguilar______ ANTHONY C. AGUILAR 11405 North Loop El Paso, Texas 79927 (915) 858-0225 (915) 858-5051 fax [email protected] Tex. Bar No. 00936000 /s/ Victor Falvey________ VICTOR FALVEY Attorney for Michael A. Aguilar 8732 Alameda El Paso, Texas 79907 (915) 858-0665 (915) 858-3116 fax [email protected] Tex. Bar No. 06800200

CERTIFICATE OF COMPLIANCE: Pursuant to Rule 9.4(i) (3), I certify that, according to my computer, this document contains 500 words.

/s/ Anthony Aguilar______ ANTHONY C. AGUILAR

CERTIFICATE OF SERVICE

I certify a copy of the foregoing was served on Laura Cavaretta designated lead attorney for Margaret Morales by electronic service to [email protected] on July 7, 2016.

/s/ Anthony Aguilar______ ANTHONY C. AGUILAR

1 The Aguilars submit Morales may take the position the Estate is not closed but she cannot deny she has stated there is no necessity for further administration of the Estate, that the taxes and debts have been paid and that the assets of the Estate have been distributed. The Order containing the Mother Hubbard clause was prepared and submitted for signature by counsel for Margaret Morales.

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