APPELLANT v. APPELLEE (2011)

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

MEMORANDUM OPINION1 AND JUDGMENT

Appellant filed a timely notice of appeal from the trial courts November 12, 2010 “Order On Petition For Enforcement Of Spousal Maintenance.”   The trial court subsequently signed an “Order To Rescind” on November 22, 2010, while it still had plenary jurisdiction over the case.

On December 7, 2010, we informed the parties that it appeared the trial courts rescinding order rendered this appeal moot and that the appeal would be dismissed as moot unless, on or before Friday, December 17, 2010, 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:  DAUPHINOT, GARDNER, and WALKER, JJ.

DELIVERED:  January 13, 2011

FOOTNOTES

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