# Nestor Bilfredo Mena v. Dyck O'Neal Inc.

> Texas Court of Appeals, 1st District (Houston) · August 26, 2015

URL: https://www.frixlaw.com/law-library/cases/2830830

## Case

- **Court:** Texas Court of Appeals, 1st District (Houston)
- **Decided:** August 26, 2015
- **Precedential status:** Published
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/2830830

## Opinion text

Opinion issued August 25, 2015

In The

Court of Appeals
For The

First District of Texas
————————————
NO. 01-15-00449-CV
———————————
NESTOR BILFREDO MENA, Appellant
V.
DYCK-O’NEAL INC., Appellee

On Appeal from the 129th District Court
Harris County, Texas
Trial Court Cause No. 2013-67958

MEMORANDUM OPINION

Appellant, Nestor Bilfredo Mena, has filed a motion for dismissal of his

appeal, stating that the parties have settled. See TEX. R. APP. P. 42.1(a)(1).

Although the motion does not contain a certificate of conference, it has a certificate

of service on the appellee and more than ten days have passed with no response
filed. 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 other pending motions as moot.

PER CURIAM

Panel consists of Justices Jennings, Higley, and Brown.

2

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/2830830. Public record. Not legal advice.