Opinion issued February 3, 2011

In The

Court of Appeals

For The

First District of Texas

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NO. 01-10-00851-CV

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JOSEPH P. GARBO, Appellant

V.

KRISTINE L. GARBO, Appellee

On Appeal from the 311th District Court

Harris County, Texas

MEMORANDUM OPINION

On October 22, 2010, the parties filed an agreement, under Texas Rule of Appellate Procedure 6.6, stating that appellant, Joseph P. Garbo, would file, on or before October 25, 2010, a motion to dismiss the above-referenced appeal, pursuant to Rule of Appellate Procedure 42.1(a)(1).  See Tex. R. App. P. 6.6, 42.1(a)(1).  On October 25, 2010, appellant filed a “Notice of Termination of Appeal,” in which he stated that he “terminates the appeal to the Fourteenth [sic] Court of Appeals in Houston, Texas.”  We construe appellant’s notice as a motion to dismiss the above-referenced appeal. 

No opinion has issued.  Accordingly, we grant the motion and dismiss the appeal.  See Tex. R. App. P. 42.1(a)(1).

We dismiss all other pending motions as moot.  We direct the Clerk to issue the mandate within 10 days of the date of this opinion.  See Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Justices Jennings, Higley, and Brown.