Tiffany Haire v. New Haven Assisted Living of Tomball LLc ( 2023 )

Opinion issued October 5, 2023 In The Court of Appeals For The First District of Texas ———————————— NO. 01-23-00643-CV ——————————— TIFFANY HAIRE, Appellant V. HOUSTON METHODIST WILLOWBROOK HOSPITAL, NEW HAVEN ASSISTED LIVING OF TOMBALL LLC, AND SANFORD DALE HAIRE, Appellees On Appeal from the 129th District Court Harris County, Texas Trial Court Case No. 2023-02953 MEMORANDUM OPINION Appellant, Tiffany Haire, proceeding pro se, filed a notice of interlocutory appeal from an August 28, 2023 trial court order. On September 20, 2023, appellant filed a “Notice to Withdraw Interlocutory Appeal” stating that appellant “hereby withdraw[s]” her appeal, and that a “final order was issued . . . on September 11, 2023.” We construe appellant’s notice to withdraw 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). Appellant’s motion does not include a certificate of conference stating that appellant conferred, or made a reasonable attempt to confer, with appellees, Houston Methodist Willowbrook Hospital, New Haven Assisted Living of Tomball LLC, and Sanford Dale Haire, regarding the relief requested in the motion. See TEX. R. APP. P. 10.1(a)(5). However, more than ten days have passed, and no party has expressed opposition to appellant’s motion. See TEX. R. APP. P. 10.3(a)(2). Accordingly, the Court grants appellant’s motion and dismisses 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 Kelly, Landau, and Farris. 2