Metropolitan Transit Authority v. Allison McKenzie

• Court: Court of Appeals of Texas
• Decided: December 4, 2014
• Docket: 01-14-00741-CV
• Status: Published

Opinion

Opinion issued December 4, 2014

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-14-00741-CV ——————————— METROPOLITAN TRANSIT AUTHORITY, Appellant V. ALLISON MCKENZIE, Appellee

On Appeal from the 157th Judicial District Court Harris County, Texas Trial Court Cause No. 2012-13289

MEMORANDUM OPINION

Appellant, Metropolitan Transit Authority, has filed a motion to dismiss its

appeal with prejudice because it has settled the case and requests that all costs be

assessed against the party incurring the same. Although there is no certificate of

conference, this motion has been on file with the Court for more than 10 days and no party has responded to the motion. See TEX. R. APP. P. 10.1(a)(5), 10.3(a)(2).

No other party has filed a notice of appeal and no opinion has issued. See TEX. R.

APP. P. 42.1(a)(1), (c).

Accordingly, we grant the motion and dismiss the appeal, with costs to be

taxed against the party who incurred the same. See TEX. R. APP. P. 42.1(a)(1), (d),

43.2(f). We dismiss any pending motions as moot.

PER CURIAM Panel consists of Justices Keyes, Higley, and Brown.