bennye-boyd-siler-v-roxie-fletcher-debora-foster-as-co-trustees-of-the ( 2005 )

                                            NO. 12-05-00177-CV

              IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

                             TYLER, TEXAS

BENNYE BOYD SILER,                                  §     APPEAL FROM THE 4TH

APPELLANT

V.                                                                         §     JUDICIAL DISTRICT COURT OF

ROXIE FLETCHER & DEBORA FOSTER,

AS CO-TRUSTEES OF THE FLETCHER

FAMILY TRUST; ROXIE FLETCHER,

INDIV. & AS BENEFICIARY OF THE          §     RUSK COUNTY, TEXAS

FLETCHER FAMILY TRUST; KAREN

DUPAPE, ALAN FLETCHER, JOE BILL

FLETCHER, JACK FLETCHER, MARY

MARGARET FLETCHER, AND

REBECCA SILER YOUNG,

APPELLEES

                                                     MEMORANDUM OPINION

                                                                 PER CURIAM

Appellant has filed a motion to dismiss this appeal, and all other parties to the appeal have been given notice of the filing of this motion.  In his motion, Appellant represents that the parties have reached an agreement that disposes of all issues presented for appeal.  Because Appellant has met the requirements of Texas Rule of  Appellate Procedure 42.1(a)(1), the motion is granted, and the appeal is dismissed.

Opinion delivered November 16, 2005.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

                                                                     (PUBLISH)

[COMMENT1] 

                                                COURT OF APPEALS

                     TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

                                                             JUDGMENT

                                                          NOVEMBER 16, 2005

                                                         NO. 12-05-00177-CV

                                                        BENNYE BOYD SILER,

                                                                      Appellant

                                                                            V.

                                        ROXIE FLETCHER & DEBORA FOSTER,

                                         AS CO-TRUSTEES OF THE FLETCHER

                                            FAMILY TRUST; ROXIE FLETCHER,

                                             INDIV. & AS BENEFICIARY OF THE

                                            FLETCHER FAMILY TRUST; KAREN

                                          DUPAPE, ALAN FLETCHER, JOE BILL

                                          FLETCHER, JACK FLETCHER, MARY

                                                  MARGARET FLETCHER, AND

                                                     REBECCA SILER YOUNG,

                                                                     Appellees

                                                  Appeal from the 4th Judicial Court

                                         of Rusk County, Texas. (Tr.Ct.No. 2003-106)

THIS CAUSE came to be heard on the appellate record and the Appellant's motion to dismiss the appeal herein, and the Court having heard and fully considered said motion is of the opinion the same should be Granted.

It is therefore ORDERED, ADJUDGED and DECREED by the Court that this appeal be, and the same is, Hereby Dismissed and that all costs of this appeal be, and the same are, adjudged against the parties incurring same, and that this decision be certified to the trial court below for observance.

By per curiam opinion.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

                                   THE STATE OF TEXAS

                          M A N D A T E

                                 *********************************************

TO THE 4TH JUDICIAL DISTRICT COURT OF RUSK COUNTY, GREETINGS:

Before our Court of Appeals for the 12th Court of Appeals District of Texas, on the 16th day of November, 2005, the cause upon appeal to revise or reverse your judgment between

                                                 BENNYE BOYD SILER, Appellant

                                       NO. 12-05-00177-CV; Trial Court No. 2003-106

                                                            By per curiam opinion.

  ROXIE FLETCHER & DEBORA FOSTER, AS CO-TRUSTEES OF THE FLETCHER

          FAMILY TRUST; ROXIE FLETCHER, INDIV. & AS BENEFICIARY OF THE

       FLETCHER FAMILY TRUST; KAREN DUPAPE, ALAN FLETCHER, JOE BILL

                              FLETCHER, JACK FLETCHER, MARY MARGARET

                                     FLETCHER, AND REBECCA SILER YOUNG,

                                                                      Appellees

was determined; and therein our said Court made its order in these words:

“THIS CAUSE came to be heard on the appellate record and the Appellant's motion to dismiss the appeal herein, and the Court having heard and fully considered said motion is of the opinion the same should be Granted.

It is therefore ORDERED, ADJUDGED and DECREED by the Court that this appeal be, and the same is, Hereby Dismissed and that all costs of this appeal be, and the same are, adjudged against the parties incurring same, and that this decision be certified to the trial court below for observance.”

WHEREAS, WE COMMAND YOU to observe the order of our said Court of Appeals for the Twelfth Court of Appeals District of Texas in this behalf, and in all things have it duly recognized, obeyed, and executed.

WITNESS, THE HONORABLE JAMES T. WORTHEN, Chief Justice of our Court of Appeals for the Twelfth Court of Appeals District, with the Seal thereof affixed, at the City of Tyler, this the ______ day of __________________, 200____.

CATHY S. LUSK, CLERK

By:_______________________________

     Deputy Clerk

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 [COMMENT1]J.17        DISMISSED  - With Prejudice on Appellant's Motion

            Appellant pays costs of appeal.