Opinion issued August 27, 2013

In The Court of Appeals For The First District of Texas ———————————— NO. 01-13-00396-CV ——————————— LINDA SMITH AND JOHN SMITH, Appellants V. ROLLING DOUGH, LTD. D/B/A PANERA BREAD; ROLLING DOUGH ENTERPRISES, L.L.C.; ATASCOCITA COMMONS ASSOCIATES, L.P.; AND TC HOUSTON, INC., Appellees

On Appeal from the 281st District Court Harris County, Texas Trial Court Case No. 2010-32015

MEMORANDUM OPINION Appellants, Linda Smith and John Smith, have filed a motion to dismiss the appeal. No other party has filed a notice of appeal, and no opinion has issued.

Further, although appellants failed to include a certificate of conference in their motion, more than 10 days have passed and no party has responded to the motion.

See TEX. R. APP. P. 10.1(a)(5), 10.3(a).

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, Higley, and Bland.