NO. 12-07-00320-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

§          APPEAL FROM THE

IN THE INTEREST OF

S.R.R., A CHILD       §          COUNTY COURT AT LAW OF

§          ANDERSON COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            Appellant Rhonda Rice appeals the trial court’s modification order signed on May 4, 2007.  Rice filed a motion for new trial on May 22, 2007 and thereafter timely filed a notice of appeal.  On August 22, 2007, the trial court signed an agreed judgment granting an equitable bill of review and ordering a new trial.  Because a new trial has been ordered, the appeal is moot.  Accordingly, the appeal is dismissed.

Opinion delivered September 12, 2007.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH)