Gilbert J. Rodriguez, Individually, and as Independent of the Estate of Evangelina G. Rodriguez, Ellien Rodriguez Navarro, and Mollie Rodriguez Ahlbrand v. Francisco Munoz and Liliam Flores Munoz

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ACCEPTED 03-14-00648-CV 4190883 THIRD COURT OF APPEALS AUSTIN, TEXAS 2/18/2015 11:16:54 AM JEFFREY D. KYLE CLERK NO. 03-14-00648-CV FILED IN 3rd COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS FOR THE THIRD DISTRICT OF TEXAS 2/18/2015 11:16:54 AM JEFFREY D. KYLE AT AUSTIN, TEXAS Clerk GILBERT J. RODRIGUEZ, INDIVIDUALLY AND AS INDEPENDENT EXECUTOR OF THE ESTATE OF EVANGELINA G. RODRIGUEZ, ELLIEN RODRIGUEZ NAVARRO, AND MOLLIE RODRIGUEZ AHLBRAND, Appellants, v. FRANCISCO MUNOZ AND LILIAM FLORES MUNOZ, Appellees. On Appeal from the Probate Court No. 1 of Travis County, Texas (Honorable Guy Herman Presiding) Trial Court Cause No. C-1-PB-13-001785 APPELLANTS’ UNOPPOSED MOTION TO DISMISS TO THE HONORABLE COURT: Pursuant to TEX. R. APP. P. 42.1(a)(1), Appellants Gilbert J. Rodriguez, Individually and as Independent Executor of the Estate of Evangelina G. Rodriguez, Ellien Rodriguez Navarro, and Mollie Rodriguez Ahlbrand file this Unopposed Motion to Dismiss and move the Court to dismiss this appeal. 1. Appellants timely perfected the appeal in this matter in October 2014. This case has been abated since December 17, 2014. 2. The parties have reached an agreement to resolve the claims and causes of action asserted in this case. Appellants no longer wish to pursue this appeal. 3. Appellants ask that costs be assessed against the party incurring them. PRAYER FOR RELIEF WHEREFORE, PREMISES CONSIDERED, Appellants Gilbert J. Rodriguez, Individually and as Independent Executor of the Estate of Evangelina G. Rodriguez, Ellien Rodriguez Navarro, and Mollie Rodriguez Ahlbrand respectfully request that this Court grant the Motion to Dismiss and enter an Order dismissing this appeal and taxing costs against the party that incurred them. DATED: February 18, 2015 2 Respectfully submitted, JACKSON WALKER L.L.P. By: /s/ Scott W. Weatherford Christopher R. Mugica State Bar No. 24027554 cmugica@jw.com Scott W. Weatherford State Bar No. 24079554 sweatherford@jw.com 100 Congress, Suite 1100 Austin, Texas 78701 (512) 236-2000 (512) 236-2002 – Fax ATTORNEYS FOR APPELLANTS GILBERT J. RODRIGUEZ, INDIVIDUALLY AND MOLLIE RODRIGUEZ AHLBRAND and LAW OFFICE OF JERRY RIOS By: /s/ Jerry Rios Jerry Rios State Bar No. 24062966 jrios@therioslawfirm.com 4611 Bee Caves Road, Suite 216 Austin, Texas 78746 (512) 501-6270 (512) 501-6292 - Fax ATTORNEYS FOR APPELLANT GILBERT J. RODRIGUEZ AS INDEPENDENT EXECUTOR OF THE ESTATE OF EVANGELINA G. RODRIGUEZ 3 and RICHARDS RODRIGUEZ & SKEITH By: /s/ Chase Hamilton Chase Hamilton State Bar No. 24058911 chamilton@rrsfirm.com 816 Congress Avenue, Suite 1200 Austin, Texas 78701 (512) 476-0005 (512) 476-1513 - Fax ATTORNEYS FOR APPELLANT ELLIEN RODRIGUEZ NAVARRO CERTIFICATE OF CONFERENCE I hereby certify that on this 18th day of February, 2015, I conferred with John Akin, counsel for Appellees, regarding the relief requested herein, and Mr. Akin indicated that Appellees do not oppose the Motion. /s/ Scott W. Weatherford Scott W. Weatherford CERTIFICATE OF SERVICE I hereby certify that on this 18th day of February, 2015, I electronically filed the foregoing with the Clerk of the Court using the Texas Online eFiling for courts system and served all counsel of record via electronic service. /s/ Scott W. Weatherford Scott W. Weatherford 12256740v.1 145501/00001 4