11th Court of Appeals

Eastland, Texas

Memorandum Opinion

Laura Bevill and The Estate of Tom R. Bevill, Deceased

            Appellants

Vs.                  No. 11-03-00320-CV – Appeal from Stephens County

Citizens National Bank of Breckenridge

            Appellee

            Citizens National Bank of Breckenridge has filed in this court a motion to dismiss the appeal. Neither Laura Bevill nor The Estate of Tom R. Bevill, Deceased, has responded to the motion.

            Citizens National Bank of Breckenridge contends in its motion that the appeal is moot. On September 25, 2003, the trial court signed its order dismissing the suit without prejudice. Appellants perfected this appeal from the September 25 order. On October 28, 2003, appellants re-filed their suit. We agree that this appeal is moot.

            The motion is granted, and the appeal is dismissed.

                                                                                                PER CURIAM

February 12, 2004

Not designated for publication. See TEX.R.APP.P. 47.2(a).

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.