In the Estate of Joseph David Marks, Sr., Deceased Appeal from Probate Court No 1 of Bexar County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-16-00438-CV In the ESTATE of Joseph David MARKS Sr., Deceased From the Probate Court No. 1, Bexar County, Texas Trial Court No. 2015PC0155 Honorable Kelly Cross, Judge Presiding PER CURIAM Sitting: Marialyn Barnard, Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Delivered and Filed: October 5, 2016 MOTIONS TO DISMISS GRANTED; APPEAL DISMISSED As of this date, a clerk’s record has not been filed. On August 26, 2016, however, appellees Joseph D. Marks Jr. and Jeffery Marks filed a motion to dismiss this appeal, arguing there is no final, appealable order from which appellant can appeal. On September 6, 2016, appellant Jo Ann Marks Rivera filed a motion to dismiss this appeal, admitting there is no final, appealable order. Accordingly, we grant both the appellant’s and appellees’ motions to dismiss. See TEX. R. APP. P. 42.1(a)(1). We order all costs assessed against appellant. See id. R. 42.1(d) (absent agreement of parties, costs are taxed against appellant). PER CURIAM

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