Jane T. Durham v. Margaret L. Durham, Nancy C. Stewart, David Durham, and Barbara Flournoy

Opinion

In The

Court of Appeals

Seventh District of Texas at Amarillo

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No. 07-14-00346-CV

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JANE T. DURHAM, APPELLANT V.

MARGARET L. DURHAM, NANCY C. STEWART, DAVID DURHAM, AND BARBARA FLOURNOY, APPELLEES

On Appeal from the 237th District Court Lubbock County, Texas

Trial Court No. 2013-509,100; Honorable Leslie Hatch, Presiding

September 11, 2015

MEMORANDUM OPINION

Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

Pending before the court is a joint motion to dismiss this appeal following the death of Appellant, Jane T. Durham. In response, the court ordered Appellant’s counsel to show authority to dismiss the appeal on behalf of Ms. Durham’s estate. Durham v. Durham, No. 07-14-00346-CV, 2015 Tex. App. LEXIS 8720 (Tex. App.—Amarillo August 14, 2015, order). The court has now considered the Amended Joint Motion for

Dismissal of Appeal and is satisfied that the executors of Ms. Durham’s estate have authorized dismissal of the appeal.

Accordingly, without passing on the merits of the appeal, the motion is granted and the appeal is dismissed. See TEX. R. APP. P. 42.1(a)(1). Having dismissed this appeal upon the joint motion to dismiss, no motion for rehearing will be entertained and our mandate will issue forthwith.

Per Curiam