In the Interest of D.R.B. and E.B., Children v. .
This text of In the Interest of D.R.B. and E.B., Children v. . (In the Interest of D.R.B. and E.B., Children v. .) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION
No. 04-22-00009-CV
IN THE INTEREST OF D.R.B. and E.B., Children
From the 57th Judicial District Court, Bexar County, Texas Trial Court No. 1988-CI-00019 Honorable John D. Gabriel, Jr., Judge Presiding
Opinion by: Luz Elena D. Chapa, Justice
Sitting: Luz Elena D. Chapa, Justice Beth Watkins, Justice Sandee Bryan Marion, Chief Justice (Ret.) 1
Delivered and Filed: November 8, 2023
MOTION TO DISMISS GRANTED; DISMISSED
On August 1, 2023, appellant Richard Breque and appellee Erika Breque filed a Joint
Motion to Stay this Appeal. In the motion, the parties requested we stay the appeal because they
had reached a settlement agreement and planned to file a joint motion to dismiss the appeal once
appellant had satisfied requirements set out in their agreement and an agreed order. We granted
the parties’ motion, withdrew the formal submission date, and ordered the parties to file either a
motion to dispose of the appeal or status update by September 6, 2023. On September 6, 2023,
appellee filed a status report indicating appellant was in compliance with their agreement and the
agreed order, and the final requirement would be satisfied by October 27, 2023.
1 The Honorable Sandee Bryan Marion, Chief Justice (Retired) of the Fourth Court of Appeals, sitting by assignment of the Chief Justice of the Texas Supreme Court. See TEX. GOV’T CODE §§ 74.003, 75.002, 75.003. 04-22-00009-CV
On October 24, 2023, the parties filed a joint motion indicating appellant had satisfied the
agreement and agreed order; they requested we dismiss the appeal with prejudice. After
consideration, we reinstate this appeal on this court’s docket, grant the motion, and dismiss the
appeal with prejudice. See TEX. R. APP. P. 42.1(a)(1). Because the motion does not disclose an
agreement regarding the assessment of costs, we further order all costs assessed against appellant.
See id. R. 42.1(d) (absent agreement of the parties, costs are taxed against appellant).
Luz Elena D. Chapa, Justice
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