G Fabricating, LLC, Randall Garcia, and Mary Garcia v. Frost Bank

Opinion issued October 4, 2016
In The
Court of Appeals
For The
First District of Texas
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NO. 01-16-00472-CV
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G FABRICATING, LLC, RANDALL GARCIA, AND MARY GARCIA,
Appellants
V.
FROST BANK, Appellee
On Appeal from the 61st District Court
Harris County, Texas
Trial Court Cause No. 2016-08762
MEMORANDUM OPINION
Appellants, G Fabricating, LLC, Randall Garcia, and Mary Garcia, have filed
an agreed motion to dismiss their appeal. See TEX. R. APP. P. 42.1(a)(1). Although
appellants’ motion does not contain a certificate of conference, the motion contains
a certificate of service on appellee’s counsel, the motion has been on file with this
Court for more than ten days, and no response has been filed. See id. 9.5(d), (e),
10.1(a)(5), 10.3(a)(2). No other party has filed a notice of appeal and no opinion has
issued. See id. 42.1(a)(1), (c). While appellants’ motion claims that the appellee is
to bear the appellate costs, because the motion does not contain a certificate of
conference confirming this arrangement from appellee’s counsel, the Court will tax
costs against appellants. See id. 42.1(d).
Accordingly, we grant the motion and dismiss the appeal. See TEX. R. APP.
P. 42.1(a)(1), 43.2(f). We dismiss any other pending motions as moot.
PER CURIAM
Panel consists of Justices Jennings, Keyes, and Brown.
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