Court of Civil Appeals of Texas, 2021

Sally Mari Burns, Charles Edward Burns, and Jennifer Lee Burns Biela v. Cynthia Ann Burns Milian, Ted M. Burns, III, and Mary Margaret Burns Klement

Sally Mari Burns, Charles Edward Burns, and Jennifer Lee Burns Biela v. Cynthia Ann Burns Milian, Ted M. Burns, III, and Mary Margaret Burns Klement
Court of Civil Appeals of Texas · Decided December 16, 2021

Sally Mari Burns, Charles Edward Burns, and Jennifer Lee Burns Biela v. Cynthia Ann Burns Milian, Ted M. Burns, III, and Mary Margaret Burns Klement

Opinion

NUMBER 13-20-00365-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG ____________________________________________________________ SALLY MARI BURNS, CHARLES EDWARD BURNS, AND JENNIFER LEE BURNS BIELA, Appellants, v. CYNTHIA ANN BURNS MILIAN, TED M. BURNS, III, AND MARY MARGARET BURNS KLEMENT, Appellees. ____________________________________________________________ On appeal from the 105th District Court of Kenedy County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Chief Justice Contreras and Justices Benavides and Longoria Memorandum Opinion by Justice Longoria This matter is before the Court on appellants’ unopposed amended motion to dismiss. On February 2, 2021, this cause was abated for purposes of settlement negotiations. The matter has been fully settled and an agreed final judgment entered.

The Court, having considered appellants’ amended motion, is of the opinion that the amended motion should be granted. See TEX. R. APP. P. 42.1(a). Therefore, this cause is reinstated, appellants’ amended motion to dismiss is granted, and the appeal is hereby dismissed. Accordingly, appellees’ motion for mediation and motion for extension of time to file a brief are dismissed as moot.

Finally, costs will be taxed against appellants. See TEX. R. APP. P. 42.1(d) (“Absent agreement of the parties, the court will tax costs against the appellant.”).

NORA L. LONGORIA Justice Delivered and filed on the 16th day of December, 2021.

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