Opinion
NO. 01-17-00692-CV
10-12-2017
DONNIE H. MCGRAW, INDIVIDUALLY, Appellant v. CAPCOR ELDRIDGE, LLC, Appellee
On Appeal from the 215th District Court Harris County, Texas
Trial Court Cause No. 2016-26273
MEMORANDUM OPINION
Appellant, Donnie H. McGraw, Individually, has filed a motion to dismiss this appeal, stating that he no longer wishes to pursue this appeal. See TEX. R. APP. P. 42.1(a)(1). Although there is no certificate of conference with the motion, it contains a certificate of service on counsel for the appellee, has been on file with the Court for more than 10 days, and no party has responded to the motion. 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 Higley, Massengale, and Lloyd.