Opinion issued December 7, 2023

In The Court of Appeals For The First District of Texas ———————————— NO. 01-23-00663-CV ——————————— LAUREN WITZKE, Appellant V. ERIC VAUGHN, Appellee

On Appeal from the 157th District Court Harris County, Texas Trial Court Case No. 2023-17749

MEMORANDUM OPINION Appellant Lauren Witzke has filed a motion to dismiss her appeal because, although she filed a notice of appeal, she asserts that she intended to file only a mandamus proceeding. A mandamus proceeding has been filed under appellate case number 01-23-00712-CV. Accordingly, appellant asks that we dismiss the appeal. The certificate of conference indicates that appellee is unopposed to dismissal.

We grant the motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a).

Any other pending motions are dismissed as moot.

PER CURIAM Panel consists of Justices Kelly, Hightower, and Guerra.