in the Estate of Eugenia H. Montgomery

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-15-00387-CV

IN THE ESTATE OF EUGENIA H. MONTGOMERY, DECEASED

On Appeal from the County Court Potter County, Texas Trial Court No. 30436-P, Honorable Nancy Tanner, Presiding

October 7, 2016

MEMORANDUM OPINION

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

On September 30, 2016, appellant, Kirk H. Montgomery, filed a document

entitled “Appellant’s Agreed Motion to Dismiss with Prejudice” that complies with the

requirements of Texas Rule of Appellate Procedure 42.1(a)(1). No decision of this

Court having been delivered to date and without passing on the merits of the appeal, we

grant the motion and, at appellant’s request, dismiss appellant’s appeal. See TEX. R.

APP. P. 42.1(a)(1). The Court further grants the parties’ agreement that costs be taxed

against the party incurring the same. See TEX. R. APP. P. 42.1(d). As appellee has affirmatively indicated that she does not oppose the dismissal, no motion for rehearing

will be entertained and mandate will issue forthwith.

Per Curiam