in the Guardianship of Carmen Del Fierro De Garcia, an Incapacitated Person

Opinion

NUMBER 13-09-00559-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ______________________________________________________________

IN THE GUARDIANSHIP OF CARMEN DEL FIERRO DE GARCIA, AN INCAPACITATED PERSON _____________________________________________________________

On Appeal from the County Court at Law No. 1 of Cameron County, Texas. ______________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Yañez and Vela Memorandum Opinion Per Curiam

Appellant, Armando Garcia, Jr., perfected an appeal from a judgment entered by

the County Court at Law No. 1 of Cameron County, Texas, in cause number

2009-CGC-57-A. On February 3, 2010, appellant informed the Clerk of the Court that the

ward in this case, Carmen del Fierro de Garcia, had died and that there was no need to

continue with the guardianship that formed the basis of this appeal. Appellee has filed an unopposed motion to dismiss the appeal on the basis that the appeal is moot. Appellee

requests that this Court dismiss the appeal.

The Court, having considered the documents on file and appellee’s unopposed

motion to dismiss the appeal, is of the opinion that the motion should be granted. See TEX .

R. APP. P. 42.1(a). Appellee’s motion to dismiss is granted, and the appeal is hereby

DISMISSED. Costs will be taxed against appellant. See TEX . R. APP. P. 42.1(d) ("Absent

agreement of the parties, the court will tax costs against the appellant.").

PER CURIAM

Delivered and filed the 4th day of March, 2010.