IN THE TENTH COURT OF APPEALS No. 10-10-00030-CV FORREST PONTIAC-BUICK-GMC TRUCKS, INC., Appellant v. THOMAS M. PERNELL, AS TRUSTEE OF THE PERNELL FAMILY TRUST, Appellees

From the 413th District Court Johnson County, Texas Trial Court No. C200400588

MEMORANDUM OPINION

Appellant has filed a “Motion to Dismiss Appeal.” See TEX. R. APP. P. 42.1(a)(1).

It states that the trial court granted Appellant’s motion for new trial and that this appeal is moot.

Dismissal of this appeal would not prevent a party from seeking relief to which it would otherwise be entitled. The appeal is dismissed.

REX D. DAVIS Justice

Before Chief Justice Gray, Justice Reyna, and Justice Davis Dismissed Opinion delivered and filed April 21, 2010 [CV06]

Forrest Pontiac v. Pernell Page 2