Court of Civil Appeals of Texas, 2024

Susanne Martinez Garner v. Maria Eugenia Sainz Y Ruanova Sainz Y Ruanova

Susanne Martinez Garner v. Maria Eugenia Sainz Y Ruanova Sainz Y Ruanova
Court of Civil Appeals of Texas · Decided November 19, 2024

Susanne Martinez Garner v. Maria Eugenia Sainz Y Ruanova Sainz Y Ruanova

Opinion

Opinion issued November 19, 2024

In The Court of Appeals For The First District of Texas ———————————— NO. 01-24-00238-CV ——————————— SUZANNE MARTINEZ GARNER, Appellant V. MARIA EUGENIA SAINZ Y RUANOVA, Appellee

On Appeal from the Probate Court No. 1 Harris County, Texas Trial Court Case No. 522,495

MEMORANDUM OPINION Appellant, Suzanne Martinez Garner, has filed a Motion to Dismiss Appeal, asserting that she and appellee, Maria Eugenia Sainz y Ruanova, have “entered into an agreement pursuant to Texas Rule of Civil Procedure 11 in which [Garner] agreed to dismiss this appeal.” See TEX. R. CIV. P. 11.

No other party has filed a notice of appeal, and no opinion has issued. See TEX. R. APP. P. 42.1(a)(1), (c). Garner requests that this Court tax costs “against the party incurring same.” The motion to dismiss contains a certificate of conference stating that “counsel for [Sainz y Ruanova] agrees to this motion and the relief sought.”

Accordingly, the Court grants Garner’s motion and dismisses the appeal. See TEX. R. APP. P. 42.1(a)(1), 43.2(f). We direct the Clerk of this Court to tax costs against the party incurring the same. See TEX. R. APP. P. 42.1(d). We dismiss all other pending motions as moot.

PER CURIAM Panel consists of Chief Justice Adams and Justices Rivas-Molloy and Gunn.

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