Edward G. Rizk v. J. Cary Gray individually and as Independent Executor of the estate of Fred E. Rizk, deceased Appeal from Probate Court No 1 of Harris County (memorandum opinion per curiam)
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Opinion issued December 30, 2021 In The Court of Appeals For The First District of Texas ———————————— NO. 01-20-00594-CV ——————————— EDWARD G. RIZK, Appellant V. J. CARY GRAY, INDIVIDUALLY, AND AS INDEPENDENT EXECUTOR OF THE ESTATE OF FRED E. RIZK, DECEASED, Appellee On Appeal from the Probate Court No. 1 Harris County, Texas Trial Court Case No. 408941-403 MEMORANDUM OPINION Appellant, Edward G. Rizk, appealed from the trial court’s July 23, 2020 orders denying his objections to the purported claims of J. Cary Gray and sustaining objections to appellant’s motion for removal. Appellant has filed a motion to dismiss the appeal, representing that he “has settled his claims with Appellee” and “no longer wishes to prosecute this appeal or the underlying case.” Accordingly, appellant seeks dismissal of the appeal. No other party has filed a notice of appeal, and no opinion has issued. See TEX. R. APP. P. 42.1(a)(1), (c). Although appellant’s motion does not include a certificate of conference, more than ten days have passed, and no party has opposed the relief requested in appellant’s motion. See TEX. R. APP. P. 10.3(a)(2). Accordingly, we grant the motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1), 43.2(f). We dismiss all other pending motions as moot. PER CURIAM Panel consists of Justices Kelly, Guerra, and Farris. 2
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