COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-10-00303-CV

DANNY LEE WEDDEL APPELLANT V. KATHERINE PHILLIPS WEDDEL APPELLEE

------------ FROM THE 360TH DISTRICT COURT OF TARRANT COUNTY ------------ MEMORANDUM OPINION1 AND JUDGMENT ------------ Appellant filed a timely notice of appeal from the trial court=s July 20, 2010 “Final Decree Of Divorce.” The trial court subsequently granted appellant=s motion for new trial on September 9, 2010, while it still had plenary jurisdiction over the case. See Tex. R. Civ. P. 329b(e).

On September 15, 2010, we informed the parties that it appeared the trial court=s granting of the motion for new trial rendered this appeal moot and that the See Tex. R. App. P. 47.4. appeal would be dismissed as moot unless, on or before September 27, 2010, any party desiring to continue the appeal filed a response showing grounds for continuing the appeal. Neither party filed a response.

Accordingly, on this court=s own motion, we dismiss the appeal as moot.

See Tex. R. App. P. 42.3(a), 43.2(f).

PER CURIAM

PANEL: WALKER, MCCOY, and MEIER, JJ.

DELIVERED: October 7, 2010