Estate of Eliot Carmi v. the State of Texas
Docket 07-26-00141-CV
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- Filed
- Jurisdiction
- Texas
- Court
- Texas Court of Appeals, 7th District (Amarillo)
- Type
- Lead Opinion
- Case type
- Civil
- Disposition
- Dismissed
- Docket
- 07-26-00141-CV
Appeal from an Agreed Final Judgment in Probate Court No. 2, Tarrant County, Texas
Summary
The Court of Appeals (Seventh District) granted the appellants' unopposed motion for voluntary dismissal of their appeal from an Agreed Final Judgment in the probate matter Estate of Eliot Carmi. The court found the motion complied with the appellate rule, that dismissal would not prejudice any party, and no decision had been issued, so the appeal was dismissed. Because the motion did not allocate costs, the court taxed appellate costs against the appellants and declined to entertain a motion for rehearing, issuing its mandate immediately.
Issues Decided
- Whether the appellants' unopposed motion for voluntary dismissal complied with Texas Rule of Appellate Procedure 42.1(a)(1)
- Whether granting the voluntary dismissal would prevent any party from seeking relief to which it would otherwise be entitled
- Who should bear appellate costs when a dismissal motion does not address costs
Court's Reasoning
The court applied Texas Rule of Appellate Procedure 42.1(a)(1), which permits voluntary dismissal if the motion complies with the rule and dismissal will not prejudice parties. Because the motion complied and no decision had been issued, dismissal was appropriate. The motion did not allocate costs, so under Rule 42.1(d) costs were taxed against the appellants.
Authorities Cited
- Texas Rule of Appellate Procedure 42.1(a)(1)
- Texas Rule of Appellate Procedure 42.1(d)
- Texas Government Code § 73.001
Parties
- Appellant
- Cristina Carmi
- Appellant
- Daniel Carmi
- Appellant
- Matthew Carmi
- Respondent
- Estate of Eliot Carmi, Deceased
- Judge
- Honorable Brooke Allen
Key Dates
- Opinion date
- 2026-04-16
What You Should Do Next
- 1
Pay taxed appellate costs
Appellants should ensure payment of the appellate costs assessed against them per the court's order.
- 2
Confirm status in trial court
Parties should check the probate court record to confirm that the agreed final judgment remains in effect and take any needed steps consistent with that judgment.
- 3
Consult counsel about further relief
If a party believes relief is still available, they should consult counsel about possible post-judgment motions or other proceedings in the trial court.
Frequently Asked Questions
- What did the court decide?
- The court granted the appellants' unopposed motion to voluntarily dismiss their appeal and dismissed the appeal.
- Who pays the appellate costs?
- Because the dismissal motion did not specify who would pay costs, the court taxed appellate costs against the appellants.
- Can the parties ask the court to reconsider?
- No; the court stated it will not entertain a motion for rehearing and issued its mandate forthwith.
- Does this stop further court action in the probate case?
- This dismissal ends the current appeal; it does not alter the underlying agreed final judgment in the probate court, and parties may pursue any relief available in the trial court if appropriate.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-26-00141-CV
ESTATE OF ELIOT CARMI, DECEASED
On Appeal from the Probate Court No. 2
Tarrant County, Texas
Trial Court No. 2024-PR01515-2-A, Honorable Brooke Allen, Presiding
April 16, 2026
MEMORANDUM OPINION
Before PARKER, C.J., and DOSS and YARBROUGH, JJ.
Appellants, Cristina Carmi, Daniel Carmi, and Matthew Carmi, appeal from the trial
court’s Agreed Final Judgment. 1 Now pending before this Court is Appellants’ unopposed
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
1 Originally appealed to the Second Court of Appeals, this appeal was transferred to this Court by
the Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE § 73.001.
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