Opinion issued January 10, 2013

In The Court of Appeals For The First District of Texas ———————————— NO. 01-12-01021-CV ——————————— GREGORY LUCKMAN, Appellant V. MINERVA GUADALUPE ZAMORA, Appellee

On Appeal from the 312th District Court Harris County, Texas Trial Court Cause No. 2005-50322

MEMORANDUM OPINION Appellant has filed a motion to dismiss this appeal. See TEX. R. APP. P. 42.1(a)(1). The certificate of conference indicates that appellee did not respond to appellant’s attempt to confer regarding the motion. 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 all other pending motions as moot.

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