Mary Margaret Smith v. Happy State Bank

In The
Court of Appeals
Seventh District of Texas at Amarillo

No. 07-23-00418-CV

MARY MARGARET SMITH, APPELLANT

V.

HAPPY STATE BANK, APPELLEE

On Appeal from the 251st District Court
Randall County, Texas
Trial Court No. 80713C, Honorable Ana Estevez, Presiding

April 30, 2024
MEMORANDUM OPINION
Before QUINN, C.J., and PARKER and YARBROUGH, JJ.

Appellant, Mary Margaret Smith, appeals from the trial court’s Default Judgment.

We previously abated the appeal to permit the parties to finalize a settlement agreement.

Now pending before the Court is Smith’s unopposed motion seeking to voluntarily dismiss

the appeal because the parties have settled the matter.

The Court finds that the motion complies with the requirements of Rule of Appellate

Procedure 42.1(a)(1) and that granting the motion will not prevent any party from seeking
relief to which it would otherwise be entitled. As no decision of the Court has been

delivered to date, we reinstate the appeal, grant Smith’s motion, and dismiss the appeal.

The appeal is dismissed. As requested by the parties, costs shall be taxed against the

parties who incurred them. See TEX. R. APP. P. 42.1(d). No motion for rehearing will be

entertained and our mandate will issue forthwith.

Per Curiam

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