ESP Resources, Inc. v. Madoff Energy Holdings, LLC ( 2015 )

Opinion issued May 21, 2015 In The Court of Appeals For The First District of Texas ———————————— NO. 01-14-00374-CV ——————————— ESP RESOURCES, INC., Appellant V. MADOFF ENERGY HOLDINGS LLC, Appellee On Appeal from the 295th District Court Harris County, Texas Trial Court Case No. 2013-51833 MEMORANDUM OPINION On September 23, 2014, we granted the parties’ joint motion to abate the appeal to facilitate settlement of the matter. Appellant, ESP Resources, Inc., has filed a request that we dismiss the appeal, which we construe as a motion to dismiss the appeal. No other party has filed a notice of appeal, and no opinion has issued. See TEX. R. APP. P. 42.1(a)(1), (c). Further, although appellant failed to include a certificate of conference in its motion, more than ten days have passed and no party has responded to the motion. See TEX. R. APP. P. 10.1(a)(5), 10.3(a). Accordingly, we reinstate the appeal, grant appellant’s motion to dismiss, and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1), 43.2(f). We dismiss all other pending motions as moot. PER CURIAM Panel consists of Justices Keyes, Huddle, and Lloyd. 2