Christopher McCloskey v. Bank of America; Mary McCloskey and T. Rowe Price;Vangaurd

• Court: Court of Appeals of Texas
• Decided: October 17, 2024
• Docket: 01-23-00811-CV
• Status: Published

Opinion

Opinion issued October 17, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00811-CV ——————————— CHRISTOPHER MCCLOSKEY, Appellant V. MARY MCCLOSKEY, Appellee

On Appeal from the 240th District Court Fort Bend County, Texas Trial Court Case No. 23-DCV-306843

MEMORANDUM OPINION

Appellant, Christopher McCloskey, proceeding pro se, has filed a “Motion to

Withdraw Appeal,” asserting that “[p]ursuant to an enforce[d] [Mediated Settlement

Agreement], the parties . . . have reached an agreement to compromise and settle their differences in t[wo] suits . . . [including] [trial] cause number 23-DCV-306843,

the subject of this appeal.”

No other party has filed a notice of appeal, and no opinion has issued. See

TEX. R. APP. P. 42.1(a)(2), (c). Further, although appellant’s motion does not

include a certificate of conference stating that appellant conferred or made a

reasonable attempt to confer with appellee, Mary McCloskey, regarding the relief

requested in the motion, more than ten days have passed, and appellee has not

expressed opposition to appellant’s motion. See TEX. R. APP. P. 10.1(a)(5), 10.3(a).

Accordingly, the Court grants appellant’s motion and dismisses the appeal.

See TEX. R. APP. P. 42.1(a)(2), 43.2(f). We dismiss all other pending motions as

moot.

PER CURIAM

Panel consists of Chief Justice Adams and Justices Hightower and Countiss.