Opinion issued November 12, 2009

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-09-00752-CV

____________

BRIAN SMITH, Appellant

V.

ENTERPRISE BANK, Appellee

On Appeal from the 240th District Court

Fort BendCounty, Texas

Trial Court Cause No. 08DCV163510A

MEMORANDUM OPINION

          Appellant has filed a motion to dismiss the appeal. More than 10 days have elapsed, and no objection has been filed. No opinion has issued. Accordingly, the motion is granted, and the appeal is dismissed. Tex. R. App. P. 42.1(a)(1).

          All other pending motions in this appeal are overruled as moot. The Clerk is directed to issue mandate within 10 days of the date of this opinion. Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Bland and Massengale.