Opinion issued December 22, 2016
In The
Court of Appeals
For The
First District of Texas
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NO. 01-16-00778-CV
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MARYANNE PHILLIPS, Appellant
V.
STARWOOD WAYPOINT TRS LLC, Appellee
On Appeal from the County Civil Court at Law No. 4
Harris County, Texas
Trial Court Cause No. 1080615
MEMORANDUM OPINION
Appellant has filed a “Motion for Nonsuit” that we construe as a motion to
dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1). No other party has filed a notice
of appeal and no opinion has issued. See id. 42.1(c). Further, although appellant
failed to include a certificate of conference in her motion, appellant’s motion
includes a certificate of service, more than ten days have passed since the motion
was filed, and no party has responded to the motion. See id. 10.1(a)(5), 10.3(a).
Accordingly, we grant the motion and dismiss the appeal. See id. 42.1(a)(1).
We dismiss all other pending motions as moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Jennings and Bland.
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