What did the court decide?

The court granted the estate's request to dismiss its appeal and dismissed any other pending motions as moot.

Who is affected by this decision?

The parties to the probate appeal—the Estate of Kanellos D. Charalampous and Mark Edwin Kunik, M.D.—are affected because the appeal is terminated.

Why was the appeal dismissed?

Because the appellant voluntarily filed an unopposed motion asking the court to dismiss the appeal and the appellate rules permit such dismissal when no opinion has issued.

Can this dismissal be undone or appealed?

Typically an appellant cannot resurrect an appeal after dismissal without filing a new appeal or seeking relief from the trial court; further options may depend on procedural rules and deadlines, so consult counsel promptly.

In the Estate Of: Kanellos D. Charalampous v. the State of Texas

Docket 01-26-00238-CV

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

ProbateDismissed

Filed: Apr 30, 2026 · 6 days ago
Jurisdiction: Texas
Court: Texas Court of Appeals, 1st District (Houston)
Type: Lead Opinion
Case type: Probate
Disposition: Dismissed
Docket: 01-26-00238-CV

Appeal from orders of Probate Court No. 3, Harris County, Texas

Summary

The Court of Appeals dismissed an appeal brought by the Estate of Kanellos D. Charalampous after the appellant filed a motion requesting dismissal because it no longer desired to pursue the appeal. No other party had appealed and no opinion had been issued. The court granted the motion under the applicable Texas Rules of Appellate Procedure and dismissed any other pending motions as moot.

Issue Decided

Whether the appellant's unopposed motion to dismiss its own appeal should be granted under the Texas Rules of Appellate Procedure.

Court's Reasoning

The appellant expressly asked the court to dismiss the appeal under Texas Rule of Appellate Procedure 42.1(a)(1). Because no other party had filed a notice of appeal, no opinion had issued, and the rules permit dismissal on the appellant's motion, the court granted dismissal and found other pending motions moot.

Authorities Cited

Texas Rules of Appellate ProcedureTEX. R. APP. P. 42.1(a)(1), 43.2(f)

Parties

Appellant: The Estate of Kanellos D. Charalampous
Appellee: Mark Edwin Kunik, M.D.
Judge: Per Curiam (Justices Gunn, Caughey, and Morgan)

Key Dates

Notice of appeal filed: 2025-09-23
Motion to dismiss filed: 2026-04-27
Opinion issued / decision date: 2026-04-30

What You Should Do Next

1
Confirm trial-court status
Check the trial court docket to determine whether the underlying orders remain in effect or whether any court action is required to conclude probate matters.
2
Consult counsel about further options
If the estate wishes to pursue relief, consult an attorney to evaluate whether to refile an appeal, seek a new trial, or pursue other post-judgment remedies subject to applicable deadlines.
3
Notify interested parties and close appellate files
Serve notice of dismissal to relevant parties and agencies and take administrative steps to close the appellate case and address any outstanding motions or fees.

Frequently Asked Questions

What did the court decide?: The court granted the estate's request to dismiss its appeal and dismissed any other pending motions as moot.
Who is affected by this decision?: The parties to the probate appeal—the Estate of Kanellos D. Charalampous and Mark Edwin Kunik, M.D.—are affected because the appeal is terminated.
Why was the appeal dismissed?: Because the appellant voluntarily filed an unopposed motion asking the court to dismiss the appeal and the appellate rules permit such dismissal when no opinion has issued.
Can this dismissal be undone or appealed?: Typically an appellant cannot resurrect an appeal after dismissal without filing a new appeal or seeking relief from the trial court; further options may depend on procedural rules and deadlines, so consult counsel promptly.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text

Opinion issued April 30, 2026

In The

Court of Appeals
For The

First District of Texas
————————————
NO. 01-26-00238-CV
———————————
THE ESTATE OF KANELLOS D. CHARALAMPOUS, Appellant
V.
MARK EDWIN KUNIK, M.D., Appellee

On Appeal from the Probate Court No. 3
Harris County, Texas
Trial Court Case No. 530005-402

MEMORANDUM OPINION

On September 23, 2025, appellant filed a notice of appeal from the trial court’s

orders. On April 27, 2026, appellant filed a Motion to Dismiss asserting that

appellant “no longer desires to prosecute its appeal” and requesting that “the [C]ourt
dismiss its appeal.” See TEX. R. APP. P. 42.1(a)(1). No other party has filed a notice

of appeal, and no opinion has issued. See TEX. R. APP. P. 42.1(a)(1), (c).

Accordingly, we grant the motion and dismiss the appeal. See TEX. R. APP. P.

42.1(a)(1), 43.2(f). We dismiss any other pending motions as moot.

PER CURIAM

Panel consists of Justices Gunn, Caughey, and Morgan.