Dismissed and Memorandum Opinion filed July 28, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-05-00469-CV

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EVROY PALMER, Appellant

V.

DEUTSCHE BANK TRUST COMPANY, ET AL., Appellees

On Appeal from the County Civil Court at Law No. 3

Harris County, Texas

Trial Court Cause No. 834,089

M E M O R A N D U M   O P I N I O N

This is an appeal from a judgment signed March 30, 2005.  The trial court granted appellant=s motion for new trial and signed a new judgment on May 13, 2005.  Appellant filed a notice of appeal from the new judgment, which was assigned to this court under a new appellate case number 14-05-00582-CV.  Therefore, the first appeal has been rendered moot.

Accordingly, this appeal is ordered dismissed.  Appellant=s appeal from the new judgment under our appellate case number 14-05-00582-CV remains pending.

PER CURIAM

Judgment rendered and Memorandum Opinion filed July 28, 2005.

Panel consists of Chief Justice Hedges and Justices Fowler and Frost.