Opinion issued September 29, 2015

In The Court of Appeals For The First District of Texas ———————————— NO. 01-15-00162-CV ——————————— ANTHONY J. CANN, Appellant V. HOMETOWN BANK, N.A., Appellee

On Appeal from the 212th District Court Galveston County, Texas Trial Court Cause No. 14-CV-0668

MEMORANDUM OPINION Appellant, Anthony J. Cann, has failed to timely file his appellate brief. See TEX. R. APP. P. 38.6(a), 38.8(a)(1). On August 27, 2015, the Clerk of this Court notified appellant that this appeal was subject to dismissal if he did not file an appellate brief within ten days of the date of that notice. See TEX. R. APP. P. 5, 42.3(c). On September 3, 2015, appellant’s counsel timely responded to the notice by filing a “Notice of Nonsuit Without Prejudice,” which we construe as a motion to dismiss the appeal. 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’s counsel and more than ten days have passed with no response filed. See id. 10.1(a)(5), 10.3(a)(2). No other party has filed a notice of appeal and no opinion has issued. See id. 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.