Opinion issued December 5, 2013
In The
Court of Appeals
For The
First District of Texas
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NO. 01-13-00871-CV
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IN RE PAULA MILLER, Relator
Original Proceeding on Petition for Writ of Prohibition
MEMORANDUM OPINION
Relator, Paula Miller, has filed a motion to dismiss her petition for writ of
prohibition.* No other party has filed a notice of appeal, and no opinion has issued.
Further, although Miller failed to include a certificate of conference in her motion,
she did include a certificate of service, more than 10 days have passed since the
*
The underlying case is Paula M. Miller v. James A. Prince A/K/A James Andre
Smith and Lease-A-Lot, Inc., cause number 64725, pending in the 23rd District
Court of Brazoria County, Texas, the Hon. Ben Hardin presiding.
motion was filed, and no party has responded to the motion. See TEX. R. APP. P.
10.1(a)(5), 10.3(a).
Accordingly, we grant the motion and dismiss Miller’s petition for writ of
mandamus. Cf. TEX. R. APP. P. 42.1(a)(1). We dismiss all other pending motions
as moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Bland and Huddle.
2