in the Matter of the Estate of Mary Louise Swantner Carter

• Court: Court of Appeals of Texas
• Decided: March 26, 2009
• Docket: 13-08-00680-CV
• Status: Published

Opinion

NUMBER 13-08-00680-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ______________________________________________________________

IN THE MATTER OF THE ESTATE OF MARY LOUISE SWANTNER CARTER, DECEASED _____________________________________________________________

On appeal from the County Court at Law No. 2 of Nueces County, Texas. ______________________________________________________________

MEMORANDUM OPINION Before Justices Yañez, Rodriguez, and Benavides Memorandum Opinion Per Curiam

Appellant perfected an appeal from a judgment entered by the County Court at Law

No. 2 of Nueces County, Texas, in cause number 45579-2. Appellee has filed an

unopposed motion to dismiss the appeal. Appellee moves to dismiss the appeal for want

of prosecution and because it 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."). Having dismissed

the appeal at appellee’s unopposed request, no motion for rehearing will be entertained,

and our mandate will issue forthwith.

PER CURIAM

Memorandum Opinion delivered and filed this the 26th day of March, 2009.