Court of Appeals of Texas, 2016

in Re Charles Storer, Agent Under a Power of Attorney for Kenneth Cooper McAfee

in Re Charles Storer, Agent Under a Power of Attorney for Kenneth Cooper McAfee
Court of Appeals of Texas · Decided September 15, 2016
in Re Charles Storer, Agent Under a Power of Attorney for Kenneth Cooper McAfee

Opinion

Opinion issued September 15, 2016

In The

Court of Appeals

For The

First District of Texas ————————————

NO. 01-15-00838-CV ———————————

IN RE CHARLES STORER, AGENT UNDER A POWER OF ATTORNEY FOR KENNETH COOPER MCAFEE, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Charles Storer, agent under a power of attorney for Kenneth Cooper McAfee, has filed a motion to dismiss his petition for writ of mandamus. 1 On August 24, 2016, relator filed a motion to dismiss this proceeding because the parties have resolved this matter. Although the motion does not include a certificate of conference, more than ten days have passed and no party has responded to the motion. See TEX. R. APP. P. 10.1(a)(5), 10.3(a).

Accordingly, we grant the motion and dismiss relator’s petition for writ of mandamus. Cf. TEX. R. APP. P. 42.1(a)(1). We dismiss all other pending motions as moot.

PER CURIAM

Panel consists of Justices Higley, Huddle, and Lloyd.

1 The underlying case is In re Janet F. McAfee, Deceased; Rosemary Folyn and Jake Folyn v. The GMS Group, LLC and Woodforest National Bank, cause number 396,935-401, pending in the Probate Court No. 1 of Harris County, Texas, the Honorable Loyd Wright presiding.

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