Opinion issued September 29, 2015
In The
Court of Appeals
For The
First District of Texas
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NO. 01-15-00162-CV
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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,
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.
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