Opinion issued December 6, 2007

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-07-00658-CV

____________

ANGIE ABBOTT, Appellant

V.

DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES, Appellee

On Appeal from the 315th District Court

Harris County, Texas

Trial Court Cause No. 2006-04169J

MEMORANDUM OPINION

It has come to the attention of this Court that the trial court, while it possessed plenary jurisdiction, has granted appellant, Angie Abbott, a new trial. We notified appellant of this fact and advised her that the appeal would be subject to dismissal as moot unless within a time certain she filed a motion to retain the appeal. That time certain has passed and appellant has not filed such a motion.

The appeal is dismissed as moot. All pending motions are dismissed as moot.

PER CURIAM

Panel consists of Justices Nuchia, Jennings, and Keyes.