COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO.  2-03-046-CV

STATE FARM MUTUAL AUTOMOBILE APPELLANTS

INSURANCE COMPANY, KEVIN PATRICK

SMITH AND TEXAS FARMERS INSURANCE

COMPANY

V.

KEVIN PATRICK SMITH, STATE FARM APPELLEES

MUTUAL AUTOMOBILE INSURANCE

COMPANY AND TEXAS FARMERS

INSURANCE COMPANY

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FROM THE 43RD DISTRICT COURT OF PARKER COUNTY

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MEMORANDUM OPINION ^{(footnote: 1)}

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Both Texas Farmers Insurance Company and State Farm Mutual Automobile Insurance Company filed motions for new trial, and all three parties filed notices of appeal from the trial court’s February 26, 2003 judgment.  The trial court subsequently granted Texas Farmers Insurance Company’s motion for new trial on June 6, 2003, while it still had plenary jurisdiction over the case.   See Tex. R. Civ. P. 329b(c), (e).  

On June 12, 2003, we informed the parties that it appeared the trial court’s granting of the motion for new trial rendered this appeal moot, and the appeal would be dismissed as moot unless any party desiring to continue the appeal filed a response showing grounds for continuing the appeal.  No response was filed.

Therefore, we dismiss the appeal as moot on our own motion.

PER CURIAM

PANEL D: GARDNER, J.; CAYCE, C.J.; and WALKER, J.

DELIVERED:  August 29, 2003

FOOTNOTES

1:

See Tex. R. App. P. 47.4.