Opinion
No. 01-10-00851-CV
Opinion issued February 3, 2011.
On Appeal from the 311th District Court Harris County, Texas, Trial Court Cause No. 2009-26793.
Panel consists of Justices JENNINGS, HIGLEY, and BROWN.
MEMORANDUM OPINION
On October 22, 2010, the parties filed an agreement, under Texas Rule of Appellate Procedure 6.6, stating that appellant, Joseph P. Garbo, would file, on or before October 25, 2010, a motion to dismiss the above-referenced appeal, pursuant to Rule of Appellate Procedure 42.1(a)(1). See TEX. R. APP. P. 6.6, 42.1(a)(1). On October 25, 2010, appellant filed a "Notice of Termination of Appeal," in which he stated that he "terminates the appeal to the Fourteenth [sic] Court of Appeals in Houston, Texas." We construe appellant's notice as a motion to dismiss the above-referenced appeal.
No opinion has issued. Accordingly, we grant the motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1).
We dismiss all other pending motions as moot. We direct the Clerk to issue the mandate within 10 days of the date of this opinion. See TEX. R. APP. P. 18.1.