Court of Civil Appeals of Texas, 2018

Mellenbruch Family Partnership, LP v. Annette Louise Klattenhoff Kennemer, Naomi Klattenhoff Peters, William Young, Carolyn Young, Carla Schreiber as Co-Trustee of the Lois K. Matteck Trust, and Carl W. Matteck as Co-Trustee of the Lois K. Matteck Family Trust

Mellenbruch Family Partnership, LP v. Annette Louise Klattenhoff Kennemer, Naomi Klattenhoff Peters, William Young, Carolyn Young, Carla Schreiber as Co-Trustee of the Lois K. Matteck Trust, and Carl W. Matteck as Co-Trustee of the Lois K. Matteck Family Trust
Court of Civil Appeals of Texas · Decided October 5, 2018

Mellenbruch Family Partnership, LP v. Annette Louise Klattenhoff Kennemer, Naomi Klattenhoff Peters, William Young, Carolyn Young, Carla Schreiber as Co-Trustee of the Lois K. Matteck Trust, and Carl W. Matteck as Co-Trustee of the Lois K. Matteck Family Trust

Opinion

Fourth Court of Appeals San Antonio, Texas October 5, 2018 No. 04-17-00637-CV MELLENBRUCH FAMILY PARTNERSHIP, LP, Appellant v. Annette Louise Klattenhoff KENNEMER, Naomi Klattenhoff Peters, William Young, Carolyn Young, Carla Schreiber & Carl W. Matteck, Appellees From the 81st Judicial District Court, La Salle County, Texas Trial Court No. 16-03-00029-CVL Honorable Donna S. Rayes, Judge Presiding

ORDER On August 29, 2018, this court issued a memorandum opinion affirming the trial court’s judgment on the deed construction, adverse possession, and trespass-to-try-title questions, but reversing the award of attorney’s fees.

On October 1, 2018, the parties filed an “Agreement and Stipulation” that unconditionally waived and abandoned all parties’ rights to any further appellate review by this court or the Supreme Court of Texas. See TEX. R. APP. P. 49.1, 49.7, 53.1.

The parties note that their agreement “will allow this Court to promptly issue its Mandate to the trial court below.”

We construe the “Agreement and Stipulation” to include an agreed motion for this court to issue its mandate immediately. See id. R. 18.1(c).

The parties’ agreed motion is GRANTED; we direct the clerk of this court to issue the mandate immediately. See id. R. 18.1.

_________________________________ Patricia O. Alvarez, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 5th day of October, 2018.

___________________________________ KEITH E. HOTTLE, Clerk of Court

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