Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-16-00438-CV
In the ESTATE of Joseph David MARKS Sr., Deceased
From the Probate Court No. 1, Bexar County, Texas
Trial Court No. 2015PC0155
Honorable Kelly Cross, Judge Presiding
PER CURIAM
Sitting: Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Delivered and Filed: October 5, 2016
MOTIONS TO DISMISS GRANTED; APPEAL DISMISSED
As of this date, a clerk’s record has not been filed. On August 26, 2016, however, appellees
Joseph D. Marks Jr. and Jeffery Marks filed a motion to dismiss this appeal, arguing there is no
final, appealable order from which appellant can appeal. On September 6, 2016, appellant Jo Ann
Marks Rivera filed a motion to dismiss this appeal, admitting there is no final, appealable order.
Accordingly, we grant both the appellant’s and appellees’ motions to dismiss. See TEX. R. APP. P.
42.1(a)(1). We order all costs assessed against appellant. See id. R. 42.1(d) (absent agreement of
parties, costs are taxed against appellant).
PER CURIAM