Opinion issued January 8, 2009

In The

Court of Appeals

For The

First District of Texas

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NO. 01-08-00956-CV

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STEPHEN OGLESBY, Appellant

V.

CURTIS SMITH AND JOHN SMITH, AS HEIRS AND PERSONAL REPRESENTATIVES OF THE ESTATE OF MAMIE MULLINGS SMITH, Appellees

On Appeal from the 80th District Court

Harris County, Texas

Trial Court Cause No. 2008-35360

MEMORANDUM OPINION

Appellant has filed a motion to dismiss his appeal. More than 10 days have elapsed, and no objection has been filed. No opinion has issued. Accordingly, the motion is granted, and the appeal is dismissed. Tex. R. App. P. 42.1(a)(1).

All other pending motions in this appeal are overruled as moot. The Clerk is directed to issue mandate within 10 days of the date of this opinion. Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Justices Jennings, Keyes, and Higley.