APPELLANT v. APPELLEE (2010)

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

MEMORANDUM OPINION1 AND JUDGMENT

Appellant filed a timely notice of appeal from the trial courts March 1, 2010 “Final Judgment.”   The trial court subsequently granted appellants motion for new trial on June 4, 2010, while it still had plenary jurisdiction over the case.   See Tex.R. Civ. P. 329b(e).

On June 9, 2010, we informed the parties that it appeared the trial courts granting of the motion for new trial rendered this appeal moot and that the appeal would be dismissed as moot unless, on or before June 21, 2 010, any party desiring to continue the appeal filed a response showing grounds for continuing the appeal.   Neither party filed a response.

Accordingly, on this courts own motion, we dismiss the appeal as moot.   See Tex.R.App. P. 42.3(a), 43.2(f).

PANEL:  MEIER, J.;   LIVINGSTON, C.J.;   and DAUPHINOT, J.

DELIVERED:  July 1, 2010

FOOTNOTES

FN1. See Tex.R.App. P. 47.4..  FN1. See Tex.R.App. P. 47.4.