Opinion issued April 2, 2015
In The
Court of Appeals
For The
First District of Texas
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NO. 01-15-00098-CV
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SAMUEL RENE MONTANA, Appellant
V.
MELISSA ANN MONTANA, Appellee
On Appeal from the 247th Judicial District Court
Harris County, Texas
Trial Court Cause No. 2012-47087
MEMORANDUM OPINION
Appellant, Samuel Rene Montana, has filed a motion to dismiss his appeal in
response to the appellee’s motion to dismiss this appeal for lack of jurisdiction.
See TEX. R. APP. P. 42.1(a)(1). Although the appellant’s motion lacks a certificate
of conference, it is not necessary to wait the required ten days to determine such a
motion because the appellant’s motion contains a certificate of service on appellee.
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 appellant’s motion and dismiss the appeal. See
TEX. R. APP. P. 42.1(a)(1), 43.2(f). We dismiss the appellee’s motion as moot.
PER CURIAM
Panel consists of Justices Jennings, Higley, and Huddle.
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