Paul Chang v. Natalie Novell Washington

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Opinion issued October 11, 2012 In The Court of Appeals For The First District of Texas NO. 01-12-00792-CV PAUL CHANG, Appellant V. NATALIE NOVELL WASHINGTON, Appellee On Appeal from the 328th District Court Fort Bend County, Texas Trial Court Cause No. 09DCV168859 MEMORANDUM OPINION Appellant has filed a motion to dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1). The motion contains a certificate of conference, but the certificate of conference merely indicates that appellee has been informed that appellant is moving to dismiss this appeal, and does not indicate whether appellee is opposed or unopposed. See TEX. R. APP. P. 10.1(a). Ten days have passed, however, and appellee has not filed a response in opposition. See TEX. R. APP. P. 10.1(b) (providing that court may determine motion before response is filed), 10.3(a) (providing, in pertinent part, that court should not hear or determine motion until 10 days after motion was filed, unless motion states that parties have conferred and that no party opposes motion). No opinion has issued. See TEX. R. APP. P. 42.1(a)(1). Accordingly, we grant the motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1). We dismiss all other pending motions as moot. PER CURIAM Panel consists of Justices Keyes, Massengale, and Brown. 2

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