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

Opinion filed August 29, 2025

In The

Eleventh Court of Appeals
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No. 11-25-00199-CV
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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