CourtListener 9486387•American Windmill Museum, Inc., D/B/A American Wind Power Center and Cindy Beth Bates Russell v. Lee Moore and Prosperity Bank, as Independent of the Estate of Mary Montgomery McClurg
American Windmill Museum, Inc., D/B/A American Wind Power Center and Cindy Beth Bates Russell v. Lee Moore and Prosperity Bank, as Independent of the Estate of Mary Montgomery McClurg
CourtListener 9486387Txctapp7Mar 12, 2024
Full text
In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-24-00001-CV
AMERICAN WINDMILL MUSEUM, INC. D/B/A AMERICAN WIND POWER CENTER
AND CINDY BETH BATES RUSSELL, APPELLANTS
V.
LEE MOORE AND PROSPERITY BANK, AS INDEPENDENT EXECUTOR OF THE
ESTATE OF MARY MONTGOMERY MCCLURG, DECEASED, APPELLEES
On Appeal from the County Court at Law No. 3
Lubbock County, Texas
Trial Court No. 2015-779,133, Honorable Ben Webb, Presiding
March 12, 2024
MEMORANDUM OPINION
Before QUINN, C.J., and PARKER and YARBROUGH, JJ.
Appellants, American Windmill Museum, Inc. d/b/a American Wind Power Center
and Cindy Beth Bates Russell, appeal from the trial court’s Final Judgment. Now pending
before this Court is Appellants’ motion seeking voluntary dismissal of the appeal. 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 grant the motion. The appeal is dismissed. Because the motion does not reflect
an agreement of the parties concerning the payment of costs, costs will be taxed against
Appellants. See TEX. R. APP. P. 42.1(d). No motion for rehearing will be entertained and
our mandate will issue forthwith.
Per Curiam
2
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