Rudy Chevalier v. Bernadette Presley

Opinion issued November 17, 2016

In The

Court of Appeals

For The

First District of Texas ————————————

NO. 01-16-00272-CV ———————————

RUDY CHEVALIER, Appellant

V.

BERNADETTE PRESLEY, Appellee

On Appeal from the 189th District Court Harris County, Texas

Trial Court Cause No. 2012-59031

MEMORANDUM OPINION

Appellant has filed a motion to dismiss the appeal. See TEX. R. APP. P. 10.3(a), 42.1(a)(1). No other party has filed a notice of appeal and no opinion has issued. See TEX. R. APP. P. 42.1(c). Further, although appellant failed to include a certificate of conference in his motion, appellant’s motion includes a certificate of service, more than ten days have passed since the motion was filed, and no party has responded to the motion. See TEX. R. APP. P. 10.1(a)(5), 10.3(a).

Accordingly, we grant the motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1). We dismiss all other pending motions as moot.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Higley and Huddle.