Gilbert J. Rodriguez, Individually, and as Independent of the Estate of Evangelina G. Rodriguez, Ellien Rodriguez Navarro, and Mollie Rodriguez Ahlbrand v. Francisco Munoz and Liliam Flores Munoz

• Court: Court of Appeals of Texas
• Decided: February 18, 2015
• Docket: 03-14-00648-CV
• Status: Published

Opinion

ACCEPTED 03-14-00648-CV 4190883 THIRD COURT OF APPEALS AUSTIN, TEXAS 2/18/2015 11:16:54 AM JEFFREY D. KYLE CLERK

NO. 03-14-00648-CV FILED IN 3rd COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS FOR THE THIRD DISTRICT OF TEXAS 2/18/2015 11:16:54 AM JEFFREY D. KYLE AT AUSTIN, TEXAS Clerk

GILBERT J. RODRIGUEZ, INDIVIDUALLY AND AS INDEPENDENT EXECUTOR OF THE ESTATE OF EVANGELINA G. RODRIGUEZ, ELLIEN RODRIGUEZ NAVARRO, AND MOLLIE RODRIGUEZ AHLBRAND, Appellants, v. FRANCISCO MUNOZ AND LILIAM FLORES MUNOZ, Appellees.

On Appeal from the Probate Court No. 1 of Travis County, Texas (Honorable Guy Herman Presiding) Trial Court Cause No. C-1-PB-13-001785

APPELLANTS’ UNOPPOSED MOTION TO DISMISS

TO THE HONORABLE COURT:

Pursuant to TEX. R. APP. P. 42.1(a)(1), Appellants Gilbert J. Rodriguez,

Individually and as Independent Executor of the Estate of Evangelina G. Rodriguez,

Ellien Rodriguez Navarro, and Mollie Rodriguez Ahlbrand file this Unopposed

Motion to Dismiss and move the Court to dismiss this appeal.

1. Appellants timely perfected the appeal in this matter in October 2014.

This case has been abated since December 17, 2014. 2. The parties have reached an agreement to resolve the claims and causes

of action asserted in this case. Appellants no longer wish to pursue this appeal.

3. Appellants ask that costs be assessed against the party incurring them.

PRAYER FOR RELIEF

WHEREFORE, PREMISES CONSIDERED, Appellants Gilbert J. Rodriguez,

Individually and as Independent Executor of the Estate of Evangelina G. Rodriguez,

Ellien Rodriguez Navarro, and Mollie Rodriguez Ahlbrand respectfully request that

this Court grant the Motion to Dismiss and enter an Order dismissing this appeal and

taxing costs against the party that incurred them.

DATED: February 18, 2015

2 Respectfully submitted,

JACKSON WALKER L.L.P.

By: /s/ Scott W. Weatherford Christopher R. Mugica State Bar No. 24027554 cmugica@jw.com Scott W. Weatherford State Bar No. 24079554 sweatherford@jw.com 100 Congress, Suite 1100 Austin, Texas 78701 (512) 236-2000 (512) 236-2002 – Fax

ATTORNEYS FOR APPELLANTS GILBERT J. RODRIGUEZ, INDIVIDUALLY AND MOLLIE RODRIGUEZ AHLBRAND

and

LAW OFFICE OF JERRY RIOS

By: /s/ Jerry Rios Jerry Rios State Bar No. 24062966 jrios@therioslawfirm.com 4611 Bee Caves Road, Suite 216 Austin, Texas 78746 (512) 501-6270 (512) 501-6292 - Fax

ATTORNEYS FOR APPELLANT GILBERT J. RODRIGUEZ AS INDEPENDENT EXECUTOR OF THE ESTATE OF EVANGELINA G. RODRIGUEZ

3 and

RICHARDS RODRIGUEZ & SKEITH

By: /s/ Chase Hamilton Chase Hamilton State Bar No. 24058911 chamilton@rrsfirm.com 816 Congress Avenue, Suite 1200 Austin, Texas 78701 (512) 476-0005 (512) 476-1513 - Fax

ATTORNEYS FOR APPELLANT ELLIEN RODRIGUEZ NAVARRO

CERTIFICATE OF CONFERENCE

I hereby certify that on this 18th day of February, 2015, I conferred with John Akin, counsel for Appellees, regarding the relief requested herein, and Mr. Akin indicated that Appellees do not oppose the Motion.

/s/ Scott W. Weatherford Scott W. Weatherford

CERTIFICATE OF SERVICE

I hereby certify that on this 18th day of February, 2015, I electronically filed the foregoing with the Clerk of the Court using the Texas Online eFiling for courts system and served all counsel of record via electronic service.

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