Christopher McCloskey v. Bank of America; Mary McCloskey and T. Rowe Price;Vangaurd ( 2024 )

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. 2