Court of Civil Appeals of Texas, 2004

Entergy Gulf States, Inc. v. Joe Cacciotti, Jr., Linda Cacciotti, Jennon Lewis, Jennifer White, Brent White and Allan Rennie

Court of Civil Appeals of Texas · Decided August 26, 2004

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-04-198 CV

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ENTERGY GULF STATES, INC., Appellant

JOE CACCIOTTI, JR., LINDA CACCIOTTI, JENNON LEWIS,

JENNIFER WHITE, BRENT WHITE AND ALLAN RENNIE, Appellees

On Appeal from the 410th District Court

Montgomery County, Texas

Trial Cause No. 04-04-02429 CV

MEMORANDUM OPINION⁽¹⁾

The appellant, Entergy Gulf States, Inc., filed a motion to dismiss this accelerated interlocutory appeal because the issues made the basis of this appeal are moot because the trial court subsequently denied permanent injunctive relief following jury trial on the merits. The Court finds that the motion is voluntarily made by the motion of the appellant prior to any decision of this Court and should be granted. Tex. R. App. P. 42.1(a)(1).

It is, therefore, ORDERED that the motion to dismiss be granted and the appeal is therefore DISMISSED without reference to the merits of the appeal. Appellate costs are assessed against the appellant.

PER CURIAM

Opinion Delivered August 26, 2004

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.

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