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

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