Walter Stanley Baker, Trustee, as of Charles Maynard Baker and Wanda Jean Baker Family Trust and Winona May McMillan, Trustee, of John W. McMillan and Winona M. McMillan Revocable Living Trust Wanda Baker Meador, David Adams And Arm Aggegate, LLC v. J.C. Calm Foundation, Inc.

Opinion

In The

Court of Appeals

Seventh District of Texas at Amarillo

No. 07-16-00178-CV

WALTER STANLEY BAKER, TRUSTEE, AS OF CHARLES MAYNARD BAKER AND WANDA JEAN BAKER FAMILY TRUST AND WINONA MAY MCMILLAN, TRUSTEE, OF JOHN W. MCMILLAN AND WINONA M. MCMILLAN REVOCABLE LIVING TRUST; WANDA BAKER MEADOR, DAVID ADAMS; AND ARM AGGREGATE, LLC, APPELLANTS

V.

J.C. CALM FOUNDATION, INC., APPELLEE

On Appeal from the 106th District Court Lynn County, Texas

Trial Court No. 16-03-07276, Honorable Carter T. Schildknecht, Presiding

June 22, 2016

MEMORANDUM OPINION

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

On June 20, 2016, appellants filed a motion to dismiss their appeal. No decision of this Court having been delivered to date and without passing on the merits of the appeal, we grant the motion and dismiss appellants’ appeal. See TEX. R. APP. P. 42.1(a)(1). Because appellants’ motion does not address costs, costs will be taxed against appellants. See TEX. R. APP. P. 42.1(d). If dismissal will prevent appellee from

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seeking relief to which it would otherwise be entitled, the Court directs appellee to file a timely motion for rehearing. No motion for rehearing from appellants will be entertained.

Mackey K. Hancock

Justice