Opinion issued July 22, 2010

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-10-00444-CV

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RICHARD BROOKS WIMBERLY, Appellant

V.

TERRY JAYNE COMMACK WIMBERLY, Appellee

On Appeal from the 311th District Court

Harris County, Texas

Trial Court Cause No. 2009-30035

MEMORANDUM OPINION

          Appellant Richard Brooks Wimberly 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, we grant the motion and dismiss the appeal. Tex. R. App. P. 42.1(a)(1).

          We overrule all other pending motions in this appeal as moot. We direct the Clerk 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 Sharp.