in the Matter of the Estate of Donald Wayne Bratcher ( 2022 )

NUMBER 13-21-00431-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG ____________________________________________________________ IN THE MATTER OF THE ESTATE OF DONALD WAYNE BRATCHER, DECEASED ____________________________________________________________ On appeal from the County Court of Matagorda County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Justices Hinojosa, Tijerina, and Silva Memorandum Opinion by Justice Tijerina This matter is before the Court on appellants’ amended motion to nonsuit notice of appeal. Appellants no longer desire to prosecute their claim rendering this appeal moot. The Court, having considered the amended motion, is construing it as a motion to dismiss and is of the opinion that the amended motion should be granted. See TEX. R. APP. P. 42.1(a)(1). Therefore, the amended motion to dismiss is granted, and the appeal is hereby dismissed. Costs will be taxed against the appellants. See TEX. R. APP. P. 42.1(d) ("Absent agreement of the parties, the court will tax costs against the appellant."). Because the appeal is dismissed at appellants request, no motion for rehearing will be entertained. JAIME TIJERINA Justice Delivered and filed on the 17th day of February, 2022. 2