The opinion
Opinion issued December 30, 2014
In The
Court of Appeals
For The
First District of Texas
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NO. 01-14-00474-CV
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GARY JOHNSON, Appellant
V.
PRIME AUTO DIRECT, Appellee
On Appeal from the County Civil Court at Law No. 3
Harris County, Texas
Trial Court Cause No. 1028833
MEMORANDUM OPINION
Appellant, Gary Johnson, has filed an unopposed motion to dismiss his
appeal because the parties have entered into a settlement agreement, but he does
not indicate any agreement as to costs. See TEX. R. APP. P. 42.1(a)(1), (d).
Though this motion was filed electronically, the certificate of service states that all
parties were served via regular mail. See TEX. R. APP. P. 9.5(b)(1). Also, though
there is no certificate of conference, this motion has been on file with the Court for
more than 10 days and no party has responded to the motion. See TEX. R. APP. P.
10.1(a)(5), 10.3(a)(2). 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 pending motions as moot.
PER CURIAM
Panel consists of Justices Keyes, Higley, and Brown.
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