Lorenzo Walker v. Houston Community College

Opinion issued January 12, 2016

In The

Court of Appeals

For The

First District of Texas ————————————

NO. 01-15-00584-CV ———————————

LORENZO WALKER, Appellant

V.

HOUSTON COMMUNITY COLLEGE, Appellee

On Appeal from the 80th District Court Harris County, Texas

Trial Court Cause No. 2012-45866

MEMORANDUM OPINION

Appellant, Lorenzo Walker, has filed a motion for voluntary dismissal of his appeal, stating that he has filed a notice of non-suit with prejudice in the trial court, and further requests that all costs and fees be assessed against the party incurring the same. See TEX. R. APP. P. 42.1(a)(1), (d). Although the motion states that appellee is unopposed to this motion, the motion does not contain a certificate of conference, but does have a certificate of service on the appellee’s counsel, 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 to dismiss and request for costs to be taxed against the party who incurred the same, and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1), (d), 43.2(f). We dismiss any other pending motions as moot.

PER CURIAM

Panel consists of Justices Higley, Huddle, and Lloyd.