Opinion issued February 26, 2013

In The Court of Appeals For The First District of Texas ———————————— NO. 01-13-00060-CV ——————————— HERBERT W. FORTSON, III, Appellant V. COLLEGE OF THE MAINLAND, Appellee

On Appeal from the 122nd District Court Galveston County, Texas Trial Court Cause No. 09CV1379

MEMORANDUM OPINION Appellant has filed a “Notice of Dismissal of Appeal,” which we construe as a motion to dismiss the appeal. 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(c).

Accordingly, we grant the motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1). We dismiss any other pending motions as moot.

PER CURIAM Panel consists of Justices Jennings, Bland, and Massengale.