In re Guardianship of Albert L. Panza, An Incapacitated Person--Appeal from Probate Court No 1 of Bexar County

MEMORANDUM OPINION
No. 04-04-00379-CV
IN RE GUARDIANSHIP OF Albert L. PANZA, An Incapacitated Person,
From the Probate Court No. 1, Bexar County, Texas
Trial Court No. 2003-PC-3039
Honorable Polly Jackson Spencer, Judge Presiding

PER CURIAM

Sitting: Paul W. Green, Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: December 8, 2004

MOTION FOR WAIVER OF COURT FEES RULED AS MOOT; MOTION TO DISMISS GRANTED; SET ASIDE AND REMANDED

Appellant filed a motion to dismiss this appeal, which was subsequently amended to request that the court's order be set aside without reference to the merits and the case remanded to the trial court for entry of further orders in accordance with the settlement of the parties. (1) The motion contains a certificate of service to the appellee, who has not opposed the motion. We grant the motion as amended. The trial court's order of March 5, 2004 is set aside without reference to the merits, and the case is remanded to the trial court for further proceedings in accordance with the settlement of the parties. See Tex. R. App. P. 42.1(a)(2)(B). Appellant's motion for waiver of court fees is ruled as moot.

PER CURIAM

1. Appellant explained the parties have reached a settlement regarding trial court's Order Accepting Final Report on Condition and Well Being of Ward, signed March 5, 2004.