The opinion
Opinion issued February 13, 2014
In The
Court of Appeals
For The
First District of Texas
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NO. 01-12-00910-CV
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ANNA RUHL AND ROBERT DELLINGER, Appellants
V.
FLIP FLOP SHOPS FRANCHISE COMPANY, LLC, Appellee
On Appeal from the 11th District Court
Harris County, Texas
Trial Court Case No. 1059993
MEMORANDUM OPINION
Appellants, Anna Ruhl and Robert Dellinger, have filed a motion to dismiss
the appeal with prejudice because the parties have settled the underlying dispute.
See TEX. R. APP. P. 42.1(a)(1). The motion contains a certificate of service, but
does not contain a certificate of conference. See TEX. R. APP. P. 10.1(a). Ten days
have passed, however, and appellee has not filed a response in opposition. See id.
10.1(b) (providing that court may determine motion before response is filed),
10.3(a) (providing, in pertinent part, that court should not hear or determine motion
until ten days after motion is filed, unless motion states that parties have conferred
and no party opposes motion). No opinion has issued. See TEX. R. APP. P. 42.1(c).
Accordingly, we grant appellants’ motion and dismiss the appeal with
prejudice.1 See id. 42.1(a)(1). We dismiss all other pending motions as moot.
PER CURIAM
Panel consists of Justices Jennings, Sharp, and Brown.
1
Appellants have submitted a proposed order for each party to bear its respective
costs of appeal. Their motion, however, does not indicate that there is an
agreement between the parties with respect to allocation of costs. “Absent
agreement of the parties, the court will tax costs against the appellant[s].” TEX. R.
APP. P. 42.1(d).
2