Saber Construction, Inc. v. Hector's Steel Co. ( 2015 )

Opinion issued September 15, 2015 In The Court of Appeals For The First District of Texas ———————————— NO. 01-15-00437-CV ——————————— SABER CONSTRUCTION, INC., Appellant V. HECTOR’S STEEL CO., Appellee On Appeal from the 133rd District Court Harris County, Texas Trial Court Cause No. 2014-57804 MEMORANDUM OPINION Appellant, Saber Construction, Inc., has filed a motion to dismiss its appeal, stating that the parties have settled. See TEX. R. APP. P. 42.1(a)(1). Although the motion does not contain a certificate of conference, the motion contains a certificate of service on the appellee and more than ten days have passed with no response filed. 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 other pending motions as moot. PER CURIAM Panel consists of Justices Keyes, Massengale, and Lloyd. 2