*1 Opinion issued December 22, 2016

In The Court of Appeals For The First District of Texas ———————————— NO. 01-16-00778-CV ——————————— MARYANNE PHILLIPS, Appellant V.

STARWOOD WAYPOINT TRS LLC, Appellee

On Appeal from the County Civil Court at Law No. 4

Harris County, Texas Trial Court Cause No. 1080615 MEMORANDUM OPINION

Appellant has filed a “Motion for Nonsuit” that we construe as a motion to dismiss the appeal. See T EX . R. A PP . P. 42.1(a)(1). No other party has filed a notice of appeal and n o opinion has issued. See id . 42.1(c). Further, although appellant failed to include a certificate of conference in her motion, appellant’s motion *2 includes a certificate of service, more than ten days have passed since the motion was filed, and no party has responded to the motion. See id . 10.1(a)(5), 10.3(a).

Accordingly, we grant the motion and dismiss the appeal. See id . 42.1(a)(1).

We dismiss all other pending motions as moot.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Jennings and Bland.

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