In the Estate of Kathy Denise Morse Spencer Marcom v. the State of Texas

Court of Appeals of Texas

In the Estate of Kathy Denise Morse Spencer Marcom v. the State of Texas

DecidedAugust 29, 2025

Docket11-25-00199-CV

StatusPublished

This text of In the Estate of Kathy Denise Morse Spencer Marcom v. the State of Texas (In the Estate of Kathy Denise Morse Spencer Marcom v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In the Estate of Kathy Denise Morse Spencer Marcom v. the State of Texas, (Tex. Ct. App. 2025).

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Opinion

Opinion filed August 29, 2025

In The

Eleventh Court of Appeals __________

No. 11-25-00199-CV __________

IN THE ESTATE OF KATHY DENISE MORSE SPENCER MARCOM, DECEASED

On Appeal from the 90th District Court Stephens County, Texas Trial Court Cause No. CV33676

MEMORANDUM OPINION Appellant, Jay Frank Marcom, II, filed a notice of appeal from the trial court’s “Notice of Removal,” which removed him as the independent executor/administrator of the Estate of Kathy Denise Morse Spencer Marcom, effective immediately. Appellant has now filed in this court a “Notice of Withdrawal of [His] Appeal,” stating that the trial court “has since vacated its Notice of Removal and an appeal is no longer necessary.” Pursuant to Appellant’s request for permission to withdraw his notice of appeal, we dismiss this appeal. 1 See TEX. R. APP. P. 42.1(a)(1).

1 In granting Appellant’s request to withdraw his notice of appeal, we do not address the appealability of the order from which he appealed or the effect of the trial court’s August 12 order We grant Appellant’s request and dismiss this appeal.

JOHN M. BAILEY CHIEF JUSTICE

August 29, 2025 Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.

conditionally “reinstat[ing]” him. 2

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Opinion filed August 29, 2025

In The

Eleventh Court of Appeals __________

No. 11-25-00199-CV __________

IN THE ESTATE OF KATHY DENISE MORSE SPENCER MARCOM, DECEASED

On Appeal from the 90th District Court Stephens County, Texas Trial Court Cause No. CV33676

MEMORANDUM OPINION Appellant, Jay Frank Marcom, II, filed a notice of appeal from the trial court’s “Notice of Removal,” which removed him as the independent executor/administrator of the Estate of Kathy Denise Morse Spencer Marcom, effective immediately. Appellant has now filed in this court a “Notice of Withdrawal of [His] Appeal,” stating that the trial court “has since vacated its Notice of Removal and an appeal is no longer necessary.” Pursuant to Appellant’s request for permission to withdraw his notice of appeal, we dismiss this appeal. 1 See TEX. R. APP. P. 42.1(a)(1).

1 In granting Appellant’s request to withdraw his notice of appeal, we do not address the appealability of the order from which he appealed or the effect of the trial court’s August 12 order We grant Appellant’s request and dismiss this appeal.

JOHN M. BAILEY CHIEF JUSTICE

August 29, 2025 Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.

conditionally “reinstat[ing]” him. 2

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In the Estate of Kathy Denise Morse Spencer Marcom v. the State of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-estate-of-kathy-denise-morse-spencer-marcom-v-the-state-of-texas-texapp-2025.