Gary Johnson v. Prime Auto Direct ( 2014 )

Opinion issued December 30, 2014 In The Court of Appeals For The First District of Texas ———————————— NO. 01-14-00474-CV ——————————— GARY JOHNSON, Appellant V. PRIME AUTO DIRECT, Appellee On Appeal from the County Civil Court at Law No. 3 Harris County, Texas Trial Court Cause No. 1028833 MEMORANDUM OPINION Appellant, Gary Johnson, has filed an unopposed motion to dismiss his appeal because the parties have entered into a settlement agreement, but he does not indicate any agreement as to costs. See TEX. R. APP. P. 42.1(a)(1), (d). Though this motion was filed electronically, the certificate of service states that all parties were served via regular mail. See TEX. R. APP. P. 9.5(b)(1). Also, though 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. See TEX. R. APP. P. 42.1(a)(1), 43.2(f). We dismiss any pending motions as moot. PER CURIAM Panel consists of Justices Keyes, Higley, and Brown. 2