Comunidad Capital, LLC, Comunidad Harbortree, LLC, and Comunidad Balboa, LLC v. Mario Duarte D/B/A Quality Painting & Resurfacing

Opinion

Opinion issued July 16, 2013

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-12-00939-CV ——————————— COMUNIDAD CAPITAL, LLC, COMUNIDAD HARBORTREE, LLC, AND COMUNIDAD BALBOA, LLC, Appellants V. MARIO DUARTE D/B/A QUALITY PAINTING & RESURFACING, Appellee

On Appeal from the County Civil Court at Law No. 4 Harris County, Texas Trial Court Cause No. 969751

MEMORANDUM OPINION

Appellants have filed a motion to dismiss the appeal, indicating that one

appellant has settled with appellee and the other appellants do not wish to continue prosecuting the appeal. See TEX. R. APP. P. 42.1(a)(1). The motion contains a

certificate of service, but does not contain a certificate of conference. See TEX. R.

APP. P. 10.1(a). Ten days have passed, however, and appellee has not filed a

response in opposition. See TEX. R. APP. P. 10.1(b) (providing that court may

determine motion before response is filed), 10.3(a) (providing, in pertinent part,

that court should not hear or determine motion until 10 days after motion was filed,

unless motion states that parties have conferred and that no party opposes motion).

No opinion has issued. See TEX. R. APP. P. 42.1(c).

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 Justices Keyes, Higley, and Bland.