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

• Court: Court of Appeals of Texas
• Decided: September 15, 2016
• Docket: 01-15-00838-CV
• Status: Published

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 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. 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.