Opinion issued December 20, 2016

In The Court of Appeals For The First District of Texas ———————————— NO. 01-16-00480-CV ——————————— WEST ROAD 330 LP, Appellant V. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 172 AND PTEXLLC1, Appellees

On Appeal from the 215th District Court Harris County, Texas Trial Court Case No. 2015-56517

MEMORANDUM OPINION Appellant, West Road 330 LP, has filed a motion to dismiss this appeal because it no longer desires to pursue this appeal. See TEX. R. APP. P. 42.2(a)(1).

The certificate of conference indicates that appellee, Harris County Municipal Utility District No. 172 is unopposed to the motion to dismiss, but appellant was unable to confer with appellee, PTEXLLC1. No opinion has issued. More than 10 days have passed 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), 43.2(f). We dismiss any pending motions as moot.

PER CURIAM Panel consists of Justices Massengale, Brown, and Huddle.