Anthony J. Cann v. Hometown Bank, N.A.

Opinion

Opinion issued September 29, 2015

In The

Court of Appeals

For The

First District of Texas

42.3(c). On September 3, 2015, appellant’s counsel timely responded to the notice

by filing a “Notice of Nonsuit Without Prejudice,” which we construe as a motion

to dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1). Although the motion does

not contain a certificate of conference, it has a certificate of service on the

appellee’s counsel and more than ten days have passed with no response filed. See

id. 10.1(a)(5), 10.3(a)(2). No other party has filed a notice of appeal and no

opinion has issued. See id. 42.1(a)(1), (c).

Accordingly, we grant the motion and dismiss the appeal. See TEX. R. APP.

P. 42.1(a)(1), 43.2(f). We dismiss any other pending motions as moot.

PER CURIAM

Panel consists of Justices Jennings, Higley, and Brown.

Footnotes

1. NO. 01-15-00162-CV ——————————— ANTHONY J. CANN, Appellant V. HOMETOWN BANK, N.A., Appellee On Appeal from the 212th District Court Galveston County, Texas Trial Court Cause No. 14-CV-0668 MEMORANDUM OPINION Appellant, Anthony J. Cann, has failed to timely file his appellate brief. See TEX. R. APP. P. 38.6(a), 38.8(a)(1). On August 27, 2015, the Clerk of this Court notified appellant that this appeal was subject to dismissal if he did not file an appellate brief within ten days of the date of that notice. See TEX. R. APP. P. 5,