Metropolitan Transit Authority v. Allison McKenzie ( 2014 )

Opinion issued December 4, 2014 In The Court of Appeals For The First District of Texas ———————————— NO. 01-14-00741-CV ——————————— METROPOLITAN TRANSIT AUTHORITY, Appellant V. ALLISON MCKENZIE, Appellee On Appeal from the 157th Judicial District Court Harris County, Texas Trial Court Cause No. 2012-13289 MEMORANDUM OPINION Appellant, Metropolitan Transit Authority, has filed a motion to dismiss its appeal with prejudice because it has settled the case and requests that all costs be assessed against the party incurring the same. Although there is no certificate of conference, this motion has been on file with the Court for more than 10 days and no party has responded to the motion. 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 motion and dismiss the appeal, with costs to be taxed against the party who incurred the same. See TEX. R. APP. P. 42.1(a)(1), (d), 43.2(f). We dismiss any pending motions as moot. PER CURIAM Panel consists of Justices Keyes, Higley, and Brown. 2