April Small, Individually and on behalf of her minor child, E.C. v. Cruz Zapata and Mario Garcia Appeal from 157th District Court of Harris County (memorandum opinion per curiam)

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Opinion issued September 10, 2020 In The Court of Appeals For The First District of Texas ———————————— NO. 01-20-00563-CV ——————————— APRIL SMALL, INDIVIDUALLY AND ON BEHALF OF HER MINOR CHILD, E.C., Appellant V. CRUZ ZAPATA AND MARIO GARCIA, Appellees On Appeal from the 157th District Court Harris County, Texas Trial Court Case No. 2017-03838 MEMORANDUM OPINION Appellant, April Small, individually and on behalf of her minor child, E.C., has filed a request with this Court stating that she “desires to withdraw this appeal.” We construe appellant’s request as a motion to dismiss the appeal. See TEX. R. APP. P. 42.1(a). No other party has filed a notice of appeal, and no opinion has issued. See TEX. R. APP. P. 42.1(a), (c). Further, although the motion does not include a certificate of conference, 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 grant appellant’s motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a), 43.2(f). We dismiss all other pending motions as moot. PER CURIAM Panel consists of Chief Justice Radack and Justices Hightower and Adams. 2

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