COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-05-113-CV

VERNON WHIPPLE APPELLANT

V.

R2 ENTERPRISES, INC. AND TED REEVES APPELLEES

----------

FROM THE 158 TH DISTRICT COURT OF DENTON COUNTY

----------

MEMORANDUM OPINION ^{(footnote: 1)} AND JUDGMENT

----------

We have considered “Appellant’s Motion to Dismiss for Mootness.”  It is the court's opinion that the motion should be granted; therefore, we dismiss the appeal.   See T EX. R. A PP. P. 42.1(a)(1), 43.2(f).

Costs of the appeal shall be paid by the party incurring the same, for which let execution issue.

PER CURIAM

PANEL D: MCCOY, J.; CAYCE, C.J.; and LIVINGSTON, J.

DELIVERED: June 30, 2005

FOOTNOTES

1:

See Tex. R. App. P. 47.4.