NUMBER 13-14-00315-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN THE ESTATE OF LAVERNE (TOBY) SMITH, DECEASED
On Appeal from the County Court
of Lavaca County, Texas
MEMORANDUM OPINION
Before Justices Rodriguez, Garza, and Longoria
Memorandum Opinion Per Curiam
This cause is before the Court on the record and a “Joint Motion to Dismiss” filed
by the parties to this appeal. According to the motion, the parties entered into a binding
settlement agreement on March 5, 2015 which addressed all issues raised in this appeal.
Consequently, the parties request that we dismiss this appeal.
The Court, having examined and fully considered the documents on file and the
joint motion to dismiss, is of the opinion that the joint motion to dismiss the appeal should
be granted. See TEX. R. APP. P. 42.1(a). The joint motion to dismiss is GRANTED, and
the appeal is hereby DISMISSED. Costs will be taxed against appellant. See id. R.
42.1(d) (“Absent agreement of the parties, the court will tax costs against the appellant.”).
Pending motions, if any, are likewise DISMISSED. Having dismissed the appeal at the
parties’ request, no motion for rehearing will be entertained, and our mandate will issue
forthwith.
PER CURIAM
Delivered and filed the
1st day of September, 2015.
2