Opinion issued October 15, 2024

In The Court of Appeals For The First District of Texas ———————————— NO. 01-24-00666-CV ——————————— JAMES CARRELL, Appellant V. LAURI SUTTON, Appellee

On Appeal from the 309th District Court Harris County, Texas Trial Court Case No. 2021-09932

MEMORANDUM OPINION Appellant James Carrell filed a “Notice of Nonsuit” representing he “no longer desires to prosecute this appeal against Appellee [Lauri Sutton], and Appellee has no pleading on file seeking affirmative relief from [him].” We construe Appellant’s Notice of Nonsuit as a motion to dismiss the appeal.

Although Appellant’s motion does not include a certificate of conference stating he conferred or made a reasonable attempt to confer with Appellee regarding the relief requested, more than ten days have passed, and Appellee has not expressed opposition to Appellant’s motion. See TEX. R. APP. P. 10.1(a)(5), 10.3(a). No cross appeal has been filed and no opinion has issued. See TEX. R. APP. P. 42.1(a)(1), (c).

We grant Appellant’s motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1), 43.2(f). All other pending motions are denied as moot.

PER CURIAM Panel consists of Justices Kelly, Landau, and Rivas-Molloy.