Opinion issued April 2, 2015

In The Court of Appeals For The First District of Texas ———————————— NO. 01-15-00098-CV ——————————— SAMUEL RENE MONTANA, Appellant V. MELISSA ANN MONTANA, Appellee

On Appeal from the 247th Judicial District Court Harris County, Texas Trial Court Cause No. 2012-47087

MEMORANDUM OPINION Appellant, Samuel Rene Montana, has filed a motion to dismiss his appeal in response to the appellee’s motion to dismiss this appeal for lack of jurisdiction.

See TEX. R. APP. P. 42.1(a)(1). Although the appellant’s motion lacks a certificate of conference, it is not necessary to wait the required ten days to determine such a motion because the appellant’s motion contains a certificate of service on appellee.

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 appellant’s motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1), 43.2(f). We dismiss the appellee’s motion as moot.

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