Opinion issued January 23, 2014

In The Court of Appeals For The First District of Texas ———————————— NO. 01-13-00541-CV ——————————— SERGY V LEMESHKO, Appellant V. ELIZABETH ANNE THOMAS, Appellee

On Appeal from the 310th District Court Harris County, Texas Trial Court Case No. 2008-03762

MEMORANDUM OPINION On August 29, 2013, Appellant, Sergy V. Lemeshko, filed a document entitled “Appellant’s Brief,” which, upon review, we construe as a motion to dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1). No opinion has issued and although appellant has failed to include a certificate of conference in his 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. 42.2(a), 43.2(f). We dismiss all other pending motions as moot.

PER CURIAM Panel consists of Justices Keyes, Bland and Brown.