Lois M. Collin v. En'Cynk Builders, Inc. Appeal from Co Civil Ct at Law No 3 of Harris County (memorandum opinion per curiam)
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Opinion issued July 28, 2022 In The Court of Appeals For The First District of Texas ———————————— NO. 01-22-00350-CV ——————————— LOIS M. COLLINS, Appellant V. EN’CYNK BUILDERS, INC., Appellee On Appeal from the County Civil Court at Law No. 3 Harris County, Texas Trial Court Case No. 1151172 MEMORANDUM OPINION Appellant, Lois M. Collins, appealed from the trial court’s January 28, 2022 final judgment. On June 10, 2022, appellant filed a “Motion to Withdraw Appeal,” stating that she “no longer wishes to pursue this appeal and for this reason respectfully withdraws her appeal.” We construe appellant’s motion as a motion to voluntarily dismiss her appeal. See TEX. R. APP. P. 42.1(a)(1) (appellate court may dismiss appeal on motion of appellant). Appellant’s motion does not include a certificate of conference stating that appellant conferred, or made a reasonable effort to confer, with appellee, En’Cynk Builders, Inc., 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 Landau, Guerra, and Farris. 2
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