G Fabricating, LLC, Randall Garcia, and Mary Garcia v. Frost Bank Appeal from 61st District Court of Harris County (memorandum opinion per curiam)
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Opinion issued October 4, 2016 In The Court of Appeals For The First District of Texas ———————————— NO. 01-16-00472-CV ——————————— 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. 2
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