COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER Appellate case name: Cheri Vega v. Arturo Lira Appellate case number: 01-16-00369-CV Trial court case number: 2008-11473 Trial court: 309th District Court of Harris County On June 29, 2016, counsel for appellee, Arturo Lira, filed appellee’s motion to dismiss for lack of jurisdiction. However, after a preliminary review, appellee’s motion to dismiss for lack of jurisdiction fails to comply with Texas Rules of Appellate Procedure 9.5(d) and 10.1(a)(5) because the motion fails to contain a certificate of service on appellant’s counsel and a certificate of conference with appellant’s counsel. See TEX. R. APP. P. 9.5(d), 10.1(a)(5).

Accordingly, the Court sua sponte directs the Clerk of this Court to STRIKE appellee’s motion to dismiss for lack of jurisdiction without prejudice to refiling a motion in compliance with Rules 9.5(d) and 10.1(a)(5).

It is so ORDERED.

Judge’s signature: /s/ Laura Carter Higley  Acting individually Date: July 7, 2016