Department of Family and Protective Services v. Jim Pongrass, Individually and D/B/A Kid Fit

Opinion issued February 5, 2009









In The

Court of Appeals

For The

First District of Texas

____________


NO. 01-08-00790-CV

____________


TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES, Appellant


V.


JIM PONGRASS, INDIVIDUALLY AND D/B/A KID FIT, Appellee





On Appeal from the 129th District Court

Harris County, Texas

Trial Court Cause No. 2007-48203





MEMORANDUM OPINION

          Appellant has filed a motion to dismiss its appeal. More than 10 days have elapsed, and no objection has been filed. No opinion has issued. Accordingly, the motion is granted, and the appeal is dismissed. Tex. R. App. P. 42.1(a)(1).

          All other pending motions in this appeal are overruled as moot. The Clerk is directed to issue mandate within 10 days of the date of this opinion. Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Justices Taft, Bland, and Sharp.