City of Houston v. State Farm County Mutual Insurance Company of Texas as Subrogee of Esther Bar-Eli

Opinion issued October 11, 2012

In The

Court of Appeals

For The

First District of Texas ————————————

NO. 01-12-00876-CV ———————————

CITY OF HOUSTON, Appellant

V.

STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS

AS SUBROGEE OF ESTHER BAR-ELI, Appellee

On Appeal from the County Civil Court at Law No. 2 Harris County, Texas

Trial Court Cause No. 2010-16418

MEMORANDUM OPINION

Appellant has filed a motion to dismiss the appeal because the trial court withdrew its order denying appellant’s plea to the jurisdiction. 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 TEX. R. APP. P. 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 10 days after motion was filed, unless motion states that parties have conferred and that no party opposes motion). No opinion has issued. See TEX. R. APP. P. 42.1(a)(1).

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 Justices Keyes, Massengale, and Brown.