DISMISS and Opinion Filed March 28, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00092-CV IN RE: ESTATE OF FLO DELMARENE MCCARTHY, DECEASED On Appeal from the Probate Court No. 1 Dallas County, Texas Trial Court Cause No. PR-18-00439-1 MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Goldstein Opinion by Chief Justice Burns Before the Court appellant’s unopposed motion to dismiss the appeal because the trial court has set aside the appealed order. We grant the motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1).

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE 230092F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT IN RE: ESTATE OF FLO On Appeal from the Probate Court DELMARENE MCCARTHY, No. 1, Dallas County, Texas DECEASED Trial Court Cause No. PR-18-00439- No. 05-23-00092-CV 1.

Opinion delivered by Chief Justice Burns. Justices Molberg and Goldstein participating.

In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

It is ORDERED that appellee Connie Sigel, Independent Co-Executor of the Estate of Flo Delmarene McCarthy, Deceased, recover her costs of this appeal from appellant Karen Ann Carney, Independent Co-Executor of the Estate of Flo Delmarene McCarthy, Deceased.

Judgment entered March 28, 2023

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