Bill & Melody Miller v. Estate of Don Flesher Sr., Timothy Bubel

Opinion

DISMISS; and Opinion Filed April 30, 2013.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-00164-CV

BILLY LLOYD MILLER AND MELODY MILLER, Appellants V. ESTATE OF DON FLESHER SR., TIMOTHY JAMES BUBEL, AS INDEPENDENT EXECUTOR FOR ESTATE OF DON FLESHER, SR., DON FLESHER, SR., INDIVIDUALLY AND D/B/A FLESHER FUNERAL HOME, CLAY FLESHER, INDIVIDUALLY, KRISTEN BOYD, AS HEIR OF CLAY FLESHER, AND FLESHER FUNERAL HOME, INC., Appellees

On Appeal from the 59th Judicial District Court Grayson County, Texas Trial Court Cause No. CV-090918

MEMORANDUM OPINION Before Justices FitzGerald, Murphy, and Lewis Opinion by Justice Murphy

The parties have filed a joint motion to dismiss this appeal in which appellants inform the

Court they no longer wish to pursue their action against appellees. Accordingly, we grant the

motion and dismiss the appeal as requested by the parties. See TEX. R. APP. P. 42.1(a)(2)(A).

/Mary Murphy/ MARY MURPHY JUSTICE 120164F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

BILLY LLOYD MILLER AND MELODY On Appeal from the 59th Judicial District MILLER, Appellants Court, Grayson County, Texas Trial Court Cause No. CV-090918. No. 05-12-00164-CV V. Opinion delivered by Justice Murphy. Justices FitzGerald and Lewis participating. ESTATE OF DON FLESHER SR., TIMOTHY JAMES BUBEL, AS INDEPENDENT EXECUTOR FOR ESTATE OF DON FLESHER, SR., DON FLESHER, SR., INDIVIDUALLY AND D/B/A FLESHER FUNERAL HOME, CLAY FLESHER, INDIVIDUALLY, KRISTEN BOYD, AS HEIR OF CLAY FLESHER, AND FLESHER FUNERAL HOME, INC., Appellees

Based on the Court’s opinion of this date, we DISMISS the appeal. Pursuant to the parties’ request, we ORDER that each party bear its own costs of the appeal.

Judgment entered this 30th day of April, 2013.

/Mary Murphy/ MARY MURPHY JUSTICE