G Fabricating, LLC, Randall Garcia, and Mary Garcia v. Frost Bank

Opinion issued October 4, 2016

In The

Court of Appeals

For The

First District of Texas ————————————

NO. 01-16-00472-CV ———————————

G FABRICATING, LLC, RANDALL GARCIA, AND MARY GARCIA,

Appellants

V.

FROST BANK, Appellee

On Appeal from the 61st District Court Harris County, Texas

Trial Court Cause No. 2016-08762

MEMORANDUM OPINION

Appellants, G Fabricating, LLC, Randall Garcia, and Mary Garcia, have filed an agreed motion to dismiss their appeal. See TEX. R. APP. P. 42.1(a)(1). Although appellants’ motion does not contain a certificate of conference, the motion contains a certificate of service on appellee’s counsel, the motion has been on file with this Court for more than ten days, and no response has been filed. See id. 9.5(d), (e), 10.1(a)(5), 10.3(a)(2). No other party has filed a notice of appeal and no opinion has issued. See id. 42.1(a)(1), (c). While appellants’ motion claims that the appellee is to bear the appellate costs, because the motion does not contain a certificate of conference confirming this arrangement from appellee’s counsel, the Court will tax costs against appellants. See id. 42.1(d).

Accordingly, we grant the motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1), 43.2(f). We dismiss any other pending motions as moot.

PER CURIAM

Panel consists of Justices Jennings, Keyes, and Brown.