Susanne Martinez Garner v. Maria Eugenia Sainz Y Ruanova Sainz Y Ruanova

• Court: Court of Appeals of Texas
• Decided: November 19, 2024
• Docket: 01-24-00238-CV
• Status: Published

Opinion

Opinion issued November 19, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00238-CV ——————————— SUZANNE MARTINEZ GARNER, Appellant V. MARIA EUGENIA SAINZ Y RUANOVA, Appellee

On Appeal from the Probate Court No. 1 Harris County, Texas Trial Court Case No. 522,495

MEMORANDUM OPINION

Appellant, Suzanne Martinez Garner, has filed a Motion to Dismiss Appeal,

asserting that she and appellee, Maria Eugenia Sainz y Ruanova, have “entered into an agreement pursuant to Texas Rule of Civil Procedure 11 in which [Garner] agreed

to dismiss this appeal.” See TEX. R. CIV. P. 11.

No other party has filed a notice of appeal, and no opinion has issued. See

TEX. R. APP. P. 42.1(a)(1), (c). Garner requests that this Court tax costs “against the

party incurring same.” The motion to dismiss contains a certificate of conference

stating that “counsel for [Sainz y Ruanova] agrees to this motion and the relief

sought.”

Accordingly, the Court grants Garner’s motion and dismisses the appeal. See

TEX. R. APP. P. 42.1(a)(1), 43.2(f). We direct the Clerk of this Court to tax costs

against the party incurring the same. See TEX. R. APP. P. 42.1(d). We dismiss all

other pending motions as moot.

PER CURIAM Panel consists of Chief Justice Adams and Justices Rivas-Molloy and Gunn.