Court of Civil Appeals of Texas, 2010

Michael Smith AND Gina Kirkpatrick v. Kevin Smith and Jana Henderson AND Michael A. Smith

Michael Smith AND Gina Kirkpatrick v. Kevin Smith and Jana Henderson AND Michael A. Smith
Court of Civil Appeals of Texas · Decided August 19, 2010

Michael Smith AND Gina Kirkpatrick v. Kevin Smith and Jana Henderson AND Michael A. Smith

Opinion

02-10-059-CV

 

 

 

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

 

NO. 02-10-00059-CV

 

Michael Smith

 

APPELLANT

 

V.

 

Kevin Smith and

Jana Henderson

 

APPELLEES

 

AND

 

Gina Kirkpatrick

 

APPELLANT

 

V.

 

Michael A. Smith

 

APPELLEE

 

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FROM THE 67th District Court OF Tarrant COUNTY

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MEMORANDUM OPINION[1] AND JUDGMENT

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Appellants filed timely notices of appeal from the trial court’s February 18, 2010 “Final Judgment.”  We received the trial court’s amended order granting defendant’s motion for new trial signed on July 18, 2010.

On July 27, 2010, we informed the parties that it appeared the trial court’s granting of the motion for new trial rendered these appeals moot and that the appeals would be dismissed as moot unless, on or before August 6, 2010, any party desiring to continue the appeals filed a response showing grounds for continuing the appeals.  Neither party filed a response.

Therefore, on this court’s own motion, we dismiss the appeals as moot.  See Tex. R. App. P. 42.3(a), 43.2(f).

PER CURIAM

 

PANEL:  MEIER, DAUPHINOT, and WALKER, JJ. 

 

DELIVERED:  August 19, 2010


 



[1]See Tex. R. App. P. 47.4.

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