Dennis Helbert, Individually and as Independent of the Estate of Norma Irene Helbert v. Gary Helbert ( 2014 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-14-00050-CV
DENNIS HELBERT, INDIVIDUALLY AND AS INDEPENDENT EXECUTOR OF THE
ESTATES OF U.V. HELBERT AND NORMA IRENE HELBERT, AND AS TRUSTEE OF
THE TRUST CREATED FOR THE BENEFIT OF GARY HELBERT BY THE LAST WILL
AND TESTAMENTS OF U.V. HELBERT AND IRENE HELBERT, APPELLANT
V.
GARY HELBERT, APPELLEE
On Appeal from the 242nd District Court
Hale County, Texas
Trial Court No. B36605-0904, Honorable Edward Lee Self, Presiding
December 23, 2014
ON MOTION TO DISMISS
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
On July 31, 2014, the parties to the above-identified appeal filed an agreed
motion to abate the appeal, which indicated that the parties had reached a tentative
settlement of their claims but required a final accounting of the estate to effectuate the
settlement. This Court granted that motion. See Helbert v. Helbert, No. 07-14-00050-
CV, 2014 Tex. App. LEXIS 8759 (Tex. App.—Amarillo Aug. 11, 2014) (per curiam).
On December 12, 2014, appellant, Dennis Helbert, filed a motion to dismiss his
appeal indicating that the parties have settled all claims in controversy. No decision of
this Court having been delivered to date, we grant the motion. Accordingly, appellant’s
appeal is dismissed. See TEX. R. APP. P. 42.1(a)(1). Appellant’s motion requests that
costs be taxed against appellant. See TEX. R. APP. P. 42.1(d). If dismissal will prevent
appellee, Gary Helbert, from seeking relief to which he would otherwise be entitled, the
Court directs appellee to file a timely motion for rehearing. No motion for rehearing from
appellant will be entertained.
Mackey K. Hancock
Justice
2