Janice Kinsel, Independent of the Estate of Richard L. Kinsel, Jr. v. Russell Burkett

Court of Appeals of Texas

Janice Kinsel, Independent of the Estate of Richard L. Kinsel, Jr. v. Russell Burkett

DecidedJanuary 26, 2023

Docket14-22-00620-CV

StatusPublished

This text of Janice Kinsel, Independent of the Estate of Richard L. Kinsel, Jr. v. Russell Burkett (Janice Kinsel, Independent of the Estate of Richard L. Kinsel, Jr. v. Russell Burkett) 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.

Bluebook

Janice Kinsel, Independent of the Estate of Richard L. Kinsel, Jr. v. Russell Burkett, (Tex. Ct. App. 2023).

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Opinion

Motion Granted; Appeal Dismissed, and Memorandum Opinion filed January 26, 2023.

In The

Fourteenth Court of Appeals

NO. 14-22-00620-CV

JANICE KINSEL, INDEPENDENT EXECUTOR OF THE ESTATE OF RICHARD L. KINSEL, JR., Appellant

V.

RUSSELL BURKETT, Appellee

On Appeal from the Probate Court Galveston County, Texas Trial Court Cause No. PR-0079139-C

MEMORANDUM OPINION

This is an appeal of an order signed August 18, 2022 granting temporary injunctive relief. On January 4, 2023, appellant filed a motion to dismiss the appeal “with prejudice” as the parties have settled all matters of controversy between and among them. The Texas Rules of Appellate Procedure speak only of dismissal of an appeal; neither “with prejudice” nor “without prejudice” is appended to the word “dismissal.” See Tex. R. App. P. 42.1. We construe the motion as one for voluntary dismissal under Texas Rule of Appellate Procedure 42.1(a)(1). So construed, the motion is granted, and the appeal is dismissed.

PER CURIAM

Panel consists of Justices Spain, Poissant, and Wilson.

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Motion Granted; Appeal Dismissed, and Memorandum Opinion filed January 26, 2023.

In The

Fourteenth Court of Appeals

NO. 14-22-00620-CV

JANICE KINSEL, INDEPENDENT EXECUTOR OF THE ESTATE OF RICHARD L. KINSEL, JR., Appellant

V.

RUSSELL BURKETT, Appellee

On Appeal from the Probate Court Galveston County, Texas Trial Court Cause No. PR-0079139-C

MEMORANDUM OPINION

This is an appeal of an order signed August 18, 2022 granting temporary injunctive relief. On January 4, 2023, appellant filed a motion to dismiss the appeal “with prejudice” as the parties have settled all matters of controversy between and among them. The Texas Rules of Appellate Procedure speak only of dismissal of an appeal; neither “with prejudice” nor “without prejudice” is appended to the word “dismissal.” See Tex. R. App. P. 42.1. We construe the motion as one for voluntary dismissal under Texas Rule of Appellate Procedure 42.1(a)(1). So construed, the motion is granted, and the appeal is dismissed.

PER CURIAM

Panel consists of Justices Spain, Poissant, and Wilson.

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Bluebook (online)

Janice Kinsel, Independent of the Estate of Richard L. Kinsel, Jr. v. Russell Burkett, Counsel Stack Legal Research, https://law.counselstack.com/opinion/janice-kinsel-independent-of-the-estate-of-richard-l-kinsel-jr-v-texapp-2023.