in the Estate of Joseph David Marks, Sr.

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-16-00438-CV

In the ESTATE of Joseph David MARKS Sr., Deceased

From the Probate Court No. 1, Bexar County, Texas Trial Court No. 2015PC0155 Honorable Kelly Cross, Judge Presiding

PER CURIAM

Sitting: Marialyn Barnard, Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice

Delivered and Filed: October 5, 2016

MOTIONS TO DISMISS GRANTED; APPEAL DISMISSED

As of this date, a clerk’s record has not been filed. On August 26, 2016, however, appellees

Joseph D. Marks Jr. and Jeffery Marks filed a motion to dismiss this appeal, arguing there is no

final, appealable order from which appellant can appeal. On September 6, 2016, appellant Jo Ann

Marks Rivera filed a motion to dismiss this appeal, admitting there is no final, appealable order.

Accordingly, we grant both the appellant’s and appellees’ motions to dismiss. See TEX. R. APP. P.

42.1(a)(1). We order all costs assessed against appellant. See id. R. 42.1(d) (absent agreement of

parties, costs are taxed against appellant).