IN THE

TENTH COURT OF APPEALS

No. 10-09-00232-CV

Smithtex, LLP, Smith Properties, LLP,

Steven F. Smith, Stuart N. R. Smith,

Norman L. Smith, and Seven-0 Corporation,

                                                                                    Appellants

 v.

Charles DeMott and Brenda Calvert,

Individually, and as Representatives

of the Estate of Jonathan DeMott,

Cynthia DeMott, Individually, and

as Representatives of the Estate

of Elizabeth Pickens and

David Pickens, and Kate L. Massey,

                                                                                    Appellees

From the 361st District Court

Brazos County, Texas

Trial Court No. 07-002138-CV-361

In this interlocutory appeal, Appellants SmithTex, LLP, Seven-O Corporation, Smith Properties, LLP, Steven F. Smith, Stuart N.R. Smith, and Norman L. Smith appealed the trial court’s April 29, 2009 order denying their motions to transfer venue.  The parties have filed a “joint motion to implement agreement for disposition of interlocutory appeal,” which asks us to set aside the trial court’s April 29, 2009 order without regard to the merits, to abate this appeal, and to direct the trial court to sign an order transferring venue of the entire case to Cass County.  On notice that the transfer order has been signed, we are to dismiss this appeal as moot and issue our mandate within ten days.

The joint motion is granted.  We set aside the trial court’s April 29, 2009 order denying the Appellants’ motions to transfer venue without regard to the merits.  See Tex. R. App. P. 42.1(a)(2)(B).  We abate this appeal and remand the case so that the trial court can, within 15 days of the date of this order, sign and enter an order transferring venue of the entire case to the 5th District Court of Cass County.  The parties shall promptly notify this Court that the trial court has signed the order transferring venue of the entire case to the 5th District Court of Cass County.

PER CURIAM

Before Chief Justice Gray,

Justice Reyna, and

Justice Davis

Motion granted; appeal abated

Order issued and filed November 24, 2010

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