Willard Marrett v. Elizabeth Phillips Appeal from 280th District Court of Harris County (memorandum opinion per curiam)
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Opinion issued March 29, 2022 In The Court of Appeals For The First District of Texas ———————————— NO. 01-22-00103-CV ——————————— WILLARD MARETT, Appellant V. ELIZABETH PHILLIPS, Appellee On Appeal from the 280th District Court Harris County, Texas Trial Court Case No. 2021-66920 MEMORANDUM OPINION Appellant, Willard Marett, appealed from the trial court’s December 1, 2021 Protective Order and February 2, 2022 order denying his motion for new trial. On March 9, 2022, appellant filed a motion to dismiss his appeal, stating that he “no longer wishes to pursue his appeal,” and requesting that the Court “dismiss the appeal in whole.” Appellant’s motion does not include a certificate of conference stating that appellant conferred, or made a reasonable effort to confer with appellee, Elizabeth Phillips, regarding the relief requested in appellant’s 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). 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 appellant’s motion 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 Kelly, Goodman, and Guerra. 2
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