Opinion issued August 25, 2015

In The Court of Appeals For The First District of Texas ———————————— NO. 01-15-00449-CV ——————————— NESTOR BILFREDO MENA, Appellant V. DYCK-O’NEAL INC., Appellee

On Appeal from the 129th District Court Harris County, Texas Trial Court Cause No. 2013-67958

MEMORANDUM OPINION Appellant, Nestor Bilfredo Mena, has filed a motion for dismissal of his appeal, stating that the parties have settled. See TEX. R. APP. P. 42.1(a)(1).

Although the motion does not contain a certificate of conference, it has a certificate of service on the appellee and more than ten days have passed with no response filed. 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 other pending motions as moot.

PER CURIAM Panel consists of Justices Jennings, Higley, and Brown.