Robert A. McAllister Junior v. Nina Mandell McAllister F/K/A Pearl Mandel McAllister

Opinion

Opinion issued June 27, 2013

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-13-00197-CV ——————————— ROBERT A. MCALLISTER, JR., Appellant V. NINA MANDELL MCALLISTER F/K/A PEARL MANDELL MCALLISTER, Appellee

On Appeal from the 257th District Court Harris County, Texas Trial Court Cause No. 2011-33390

MEMORANDUM OPINION

On May 17, 2013, the mediator appointed in this case filed a letter indicating

that the case had settled during mediation. Appellant has now filed a “Notice of Nonsuit,” indicating that he no longer desires to proceed with this appeal, which

we construe as a motion to dismiss. 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 Jennings, Brown, and Huddle.