Gary Johnson v. Prime Auto Direct

Opinion issued December 30, 2014

In The

Court of Appeals

For The

First District of Texas ————————————

NO. 01-14-00474-CV ———————————

GARY JOHNSON, Appellant

V.

PRIME AUTO DIRECT, Appellee

On Appeal from the County Civil Court at Law No. 3 Harris County, Texas

Trial Court Cause No. 1028833

MEMORANDUM OPINION

Appellant, Gary Johnson, has filed an unopposed motion to dismiss his appeal because the parties have entered into a settlement agreement, but he does not indicate any agreement as to costs. See TEX. R. APP. P. 42.1(a)(1), (d). Though this motion was filed electronically, the certificate of service states that all parties were served via regular mail. See TEX. R. APP. P. 9.5(b)(1). Also, though there is no certificate of conference, this motion has been on file with the Court for more than 10 days and no party has responded to the motion. See TEX. R. APP. P. 10.1(a)(5), 10.3(a)(2). No other party has filed a notice of appeal and no opinion has issued. See TEX. R. APP. P. 42.1(a)(1), (c).

Accordingly, we grant the motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1), 43.2(f). We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Keyes, Higley, and Brown.