in the Estate of Ramiro Aguilar, Jr.

Opinion

ACCEPTED 04-16-00249-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 7/7/2016 5:37:27 PM KEITH HOTTLE CLERK

NO. 04-16-00249-CV COURT OF APPEALS FOURTH DISTRICT OF TEXAS FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS SAN ANTONIO, TEXAS 7/7/2016 5:37:27 PM IN RE: RAMIRO AGUILAR, JR. KEITH E. HOTTLE Clerk

ANTHONY C. AGUILAR and MICHAEL A. AGUILAR Appellants,

vs.

MARGARET MORALES, Appellee.

On Appeal from Cause No. 2012-PC-2800 from Statutory Probate Court 2 Bexar County, Texas APPELLANTS’ UNOPPOSED MOTION TO DISMISS APPEAL

ANTHONY C. AGUILAR 11405 North Loop El Paso, Texas 79927-9523 (915) 858-0225 tonyaguilar@yahoo.com Tex. Bar No. 00936000

VICTOR FALVEY ATTORNEY FOR MICHAEL A. AGUILAR 8732 Alameda El Paso, Texas 79907 (915) 858-0665 (915) 858-3116 fax falvictorvey@msn.com Tex. Bar No. 06800200

1 TO THE HONORABLE COURT:

Comes now Anthony C. Aguilar and Michael A. Aguilar [the Aguilars] and

files this Motion to Dismiss Appeal and as grounds therefore would show the

Court the following.

1. As the Court is aware, there is no mandatory manner to close a probate

Estate. There must be a showing there is no necessity for further administration of

the Estate, that the debts and taxes have been paid and the assets distributed to the

beneficiaries. Each of the three requirements has been met. Margaret Morales has

stated there is no necessity for further administration of the Estate, that all debts

and taxes have been paid and the assets of the Estate have been distributed.

Additionally, there is an Order approving the final accounting and there is another

Order containing a “Mother Hubbard” clause concerning pending matters in the

probate court. The Order approving the final accounting contained a statement

concerning a declaratory judgment action and closing the Estate. But the Order

approving the final accounting coupled with the distribution of the assets of the

Estate and then the Order containing a ”Mother Hubbard” clause closed the Estate

and nullified any declaratory judgment action.1

1 The Aguilars submit Morales may take the position the Estate is not closed but she cannot deny she has stated there is no necessity for further administration of the Estate, that the taxes and debts have been paid and that the assets of the Estate have been distributed. The Order containing the Mother Hubbard clause was prepared and submitted for signature by counsel for Margaret Morales.

2 2. Unfortunately there will be other appeals but the factual issues that were to

be raised in this appeal will be part of the new appeal(s).

Certificate of Conference. Anthony C. Aguilar certifies he conferenced with

Laura Cavaretta concerning this Motion. She does not oppose the Motion.

Wherefore, Premises Considered, the Aguilars pray the above appeal be

dismissed.

Respectfully Submitted,

/s/ Anthony Aguilar______ ANTHONY C. AGUILAR 11405 North Loop El Paso, Texas 79927 (915) 858-0225 (915) 858-5051 fax tonyaguilar@yahoo.com Tex. Bar No. 00936000

/s/ Victor Falvey________ VICTOR FALVEY Attorney for Michael A. Aguilar 8732 Alameda El Paso, Texas 79907 (915) 858-0665 (915) 858-3116 fax falvictorvey@msn.com Tex. Bar No. 06800200

CERTIFICATE OF COMPLIANCE: Pursuant to Rule 9.4(i) (3), I certify that, according to my computer, this document contains 500 words.

/s/ Anthony Aguilar______ ANTHONY C. AGUILAR

3 CERTIFICATE OF SERVICE

I certify a copy of the foregoing was served on Laura Cavaretta designated lead attorney for Margaret Morales by electronic service to cavarettal@ckl-lawyers.com on July 7, 2016.

/s/ Anthony Aguilar______ ANTHONY C. AGUILAR