Opinion issued December 6, 2012

In The Court of Appeals For The First District of Texas ———————————— NO. 01-12-00950-CV ——————————— BEN E. KEITH COMPANY, Appellant V. LAWRENCE RENE MONTOYA, Appellee

On Appeal from the 55th District Court Harris County, Texas Trial Court Cause No. 2010-19831

MEMORANDUM OPINION Appellant has filed an unopposed amended motion to dismiss the 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.

PER CURIAM Panel consists of Chief Justice Radack and Justices Bland and Huddle.