Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 2/18/2015 11:16:54 AM JEFFREY D. KYLE Clerk NO. 03-14-00648-CV THIRD COURT OF APPEALS 2/18/2015 11:16:54 AM JEFFREY D. KYLE 03-14-00648-CV AUSTIN, TEXAS *1 ACCEPTED [4190883] CLERK
IN THE COURT OF APPEALS
FOR THE THIRD DISTRICT OF TEXAS
AT AUSTIN, TEXAS 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 T EX . R. A PP . 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.
P RAYER FOR R ELIEF
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
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
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 18 th 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 18 th 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