LISA DE MONTAIGU, TRUSTEE OF THAT CERTAIN TRUST DATED DECEMBER 29, 1986, BY NOBLE GINTHER AND MINNIE GINTHER, AND ADVENT TRUST COMPANY, AS INDEPENDENT EXECUTOR OF THE ESTATE OF NOBLE C. GINTHER, DECEASED v. AKIN, GUMP, HAUER & FELD, L.L.P., NOW KNOWN AS AKIN, GUMP, STRAUSS, HAUER & FELD, L.L.P., AND DAVID W. NELSON--Appeal from 117th District Court of Nueces County
Annotate this CaseCOURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
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LISA DE MONTAIGU, TRUSTEE OF THAT CERTAIN
TRUST DATED DECEMBER 29, 1986, BY NOBLE
GINTHER AND MINNIE GINTHER, AND ADVENT TRUST
COMPANY, AS INDEPENDENT EXECUTOR OF THE ESTATE
OF NOBLE C. GINTHER, DECEASED, Appellant,
v.
AKIN, GUMP, HAUER & FELD, L.L.P., NOW KNOWN
AS AKIN, GUMP, STRAUSS, HAUER & FELD, L.L.P.,
AND DAVID W. NELSON, Appellees.
________________________________________________________________
On appeal from the 117th District Court
of Nueces County, Texas.
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MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Hinojosa and Rodriguez
Opinion Per Curiam
Appellant, LISA DE MONTAIGU, TRUSTEE OF THAT CERTAIN TRUST DATED DECEMBER 29, 1986, BY NOBLE GINTHER AND MINNIE GINTHER, AND ADVENT TRUST COMPANY, AS INDEPENDENT EXECUTOR OF THE ESTATE OF NOBLE C. GINTHER, DECEASED, perfected an appeal from a judgment entered by the 117th District Court of Nueces County, Texas, in cause number 94-0048-B. After the record was filed, appellant filed an unopposed motion to dismiss the appeal. In the motion, appellant states that appellant no longer wishes to prosecute this appeal. Appellant further states that the parties have reached an agreement regarding costs. Appellant requests that this Court dismiss the appeal and tax costs in accordance with the parties' agreement.
The Court, having considered the documents on file and appellant's motion to dismiss the appeal, is of the opinion that the motion should be granted. Appellant's motion to dismiss is granted, and the appeal is hereby DISMISSED. It is ORDERED that one-half of the appellees' trial court costs, $19,532.89, are adjudged against appellant. It is further ORDERED that costs of the appeal are taxed against appellant.
PER CURIAM
Opinion delivered and filed this
the 28th day of August, 2003.
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