Opinion issued October 2, 2003

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-03-00299-CV

____________

MARK RILEY, INDIVIDUALLY AND AS TRUSTEE OF THE ROBERT

ALPERT 1996 CHILDREN’S TRUST, Appellant

V.

DENNIS PROCTOR, AS TRUSTEE OF THE ROBERT ALPERT 1996

CHILDREN’S TRUST, AND ROMAN ALPERT, Appellees

On Appeal from Probate Court No. 1

Harris County, Texas

Trial Court Cause No. 325013

MEMORANDUM OPINION

           On August 28, 2003, the Court issued an order stating that unless appellant, Mark Riley, individually and as Trustee of The Robert Alpert 1996 Children’s Trust, filed a response to appellees’ motion to dismiss, showing that this appeal is not moot, this appeal would be dismissed. Appellant has not filed such a response.

           Accordingly, for the reasons set forth in the order of August 28, 2003, this appeal is dismissed.

PER CURIAM

Panel consists of Justices Hedges, Nuchia, and Higley.