Kyle G. Stockton, as Representative of the Estate of Margaret Elizabeth Bailey v. Charles M. Morgan, Jr. and Mary P. Morgan

• Court: Court of Appeals of Texas
• Decided: July 9, 2009
• Docket: 13-09-00086-CV
• Status: Published

Opinion

NUMBER 13-09-00086-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ______________________________________________________________

KYLE G. STOCKTON, AS REPRESENTATIVE OF THE ESTATE OF MARGARET ELIZABETH BAILEY, DECEASED, Appellant,

v.

CHARLES M. MORGAN, JR. AND MARY P. MORGAN, Appellees. _____________________________________________________________

On Appeal from the Probate Court of Hidalgo County, Texas. ______________________________________________________________

MEMORANDUM OPINION

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

Appellant perfected an appeal from a judgment entered by the Probate Court of

Hidalgo County, Texas, in cause number P-30,028-A. Appellant has filed an agreed

motion to dismiss the appeal. Appellant requests that this Court dismiss the appeal. The Court, having considered the documents on file and appellant’s agreed motion

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

APP. P. 42.1(a). Appellant’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 appellant’s request, no motion for rehearing will be entertained, and our

mandate will issue forthwith.

PER CURIAM

Memorandum Opinion delivered and filed this the 9th day of July, 2009.