NO. 12-05-00177-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS
BENNYE BOYD SILER, § APPEAL FROM THE 4TH
APPELLANT
V. § JUDICIAL DISTRICT COURT OF
ROXIE FLETCHER & DEBORA FOSTER,
AS CO-TRUSTEES OF THE FLETCHER
FAMILY TRUST; ROXIE FLETCHER,
INDIV. & AS BENEFICIARY OF THE § RUSK COUNTY, TEXAS
FLETCHER FAMILY TRUST; KAREN
DUPAPE, ALAN FLETCHER, JOE BILL
FLETCHER, JACK FLETCHER, MARY
MARGARET FLETCHER, AND
REBECCA SILER YOUNG,
APPELLEES
MEMORANDUM OPINION
PER CURIAM
Appellant has filed a motion to dismiss this appeal, and all other parties to the appeal have been given notice of the filing of this motion. In his motion, Appellant represents that the parties have reached an agreement that disposes of all issues presented for appeal. Because Appellant has met the requirements of Texas Rule of Appellate Procedure 42.1(a)(1), the motion is granted, and the appeal is dismissed.
Opinion delivered November 16, 2005.
Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.
(PUBLISH)
[COMMENT1]
COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT OF TEXAS
JUDGMENT
NOVEMBER 16, 2005
NO. 12-05-00177-CV
BENNYE BOYD SILER,
Appellant
V.
ROXIE FLETCHER & DEBORA FOSTER,
AS CO-TRUSTEES OF THE FLETCHER
FAMILY TRUST; ROXIE FLETCHER,
INDIV. & AS BENEFICIARY OF THE
FLETCHER FAMILY TRUST; KAREN
DUPAPE, ALAN FLETCHER, JOE BILL
FLETCHER, JACK FLETCHER, MARY
MARGARET FLETCHER, AND
REBECCA SILER YOUNG,
Appellees
Appeal from the 4th Judicial Court
of Rusk County, Texas. (Tr.Ct.No. 2003-106)
THIS CAUSE came to be heard on the appellate record and the Appellant's motion to dismiss the appeal herein, and the Court having heard and fully considered said motion is of the opinion the same should be Granted.
It is therefore ORDERED, ADJUDGED and DECREED by the Court that this appeal be, and the same is, Hereby Dismissed and that all costs of this appeal be, and the same are, adjudged against the parties incurring same, and that this decision be certified to the trial court below for observance.
By per curiam opinion.
Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.
THE STATE OF TEXAS
M A N D A T E
*********************************************
TO THE 4TH JUDICIAL DISTRICT COURT OF RUSK COUNTY, GREETINGS:
Before our Court of Appeals for the 12th Court of Appeals District of Texas, on the 16th day of November, 2005, the cause upon appeal to revise or reverse your judgment between
BENNYE BOYD SILER, Appellant
NO. 12-05-00177-CV; Trial Court No. 2003-106
By per curiam opinion.
ROXIE FLETCHER & DEBORA FOSTER, AS CO-TRUSTEES OF THE FLETCHER
FAMILY TRUST; ROXIE FLETCHER, INDIV. & AS BENEFICIARY OF THE
FLETCHER FAMILY TRUST; KAREN DUPAPE, ALAN FLETCHER, JOE BILL
FLETCHER, JACK FLETCHER, MARY MARGARET
FLETCHER, AND REBECCA SILER YOUNG,
Appellees
was determined; and therein our said Court made its order in these words:
“THIS CAUSE came to be heard on the appellate record and the Appellant's motion to dismiss the appeal herein, and the Court having heard and fully considered said motion is of the opinion the same should be Granted.
It is therefore ORDERED, ADJUDGED and DECREED by the Court that this appeal be, and the same is, Hereby Dismissed and that all costs of this appeal be, and the same are, adjudged against the parties incurring same, and that this decision be certified to the trial court below for observance.”
WHEREAS, WE COMMAND YOU to observe the order of our said Court of Appeals for the Twelfth Court of Appeals District of Texas in this behalf, and in all things have it duly recognized, obeyed, and executed.
WITNESS, THE HONORABLE JAMES T. WORTHEN, Chief Justice of our Court of Appeals for the Twelfth Court of Appeals District, with the Seal thereof affixed, at the City of Tyler, this the ______ day of __________________, 200____.
CATHY S. LUSK,
CLERK
By:_______________________________
Deputy Clerk
[COMMENT1]J.17 DISMISSED - With Prejudice on Appellant's Motion
Appellant pays costs of appeal.