NUMBER 13-09-00559-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
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IN THE GUARDIANSHIP OF CARMEN DEL FIERRO DE GARCIA, AN INCAPACITATED PERSON
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On Appeal from the County Court at Law No. 1
of Cameron County, Texas.
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MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Yañez and Vela
Memorandum Opinion Per Curiam
Appellant, Armando Garcia, Jr., perfected an appeal from a judgment entered by the County Court at Law No. 1 of Cameron County, Texas, in cause number 2009-CGC-57-A. On February 3, 2010, appellant informed the Clerk of the Court that the ward in this case, Carmen del Fierro de Garcia, had died and that there was no need to continue with the guardianship that formed the basis of this appeal. Appellee has filed an unopposed motion to dismiss the appeal on the basis that the appeal is moot. Appellee requests that this Court dismiss the appeal.
The Court, having considered the documents on file and appellee’s unopposed motion to dismiss the appeal, is of the opinion that the motion should be granted. See Tex. R. App. P. 42.1(a). Appellee’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.").
PER CURIAM
Delivered and filed the
4th day of March, 2010.