Dunham Engineering, Incorporated v. the Sherwin-Williams Company
Opinion
Motion Granted; Appeal Dismissed and Memorandum Opinion filed November 3, 2011.
In The
Fourteenth Court of Appeals ____________
NO. 14-11-00390-CV ____________
DUNHAM ENGINEERING, INC., Appellant V.
THE SHERWIN-WILLIAMS COMPANY, Appellee
On Appeal from the 23rd District Court Brazoria County, Texas
Trial Court Cause No. 56164
MEMORANDUM OPINION
This appeal arises from an order signed April 18, 2011, denying Dunham Engineering’s motion to dismiss for failure to file a certificate of merit. See Tex. Civ. Prac. & Rem. Code § 152.002. On October 26, 2011, appellee filed an unopposed motion to dismiss the appeal as moot on the grounds a notice of non-suit has been filed. Attached to appellee’s motion are the notice of non-suit and an order of non-suit signed October 24, 2011, by the trial court dismissing the underlying cause.
Accordingly, appellee’s motion is granted and the appeal is ordered dismissed.
PER CURIAM
Panel consists of Justices Brown, Boyce, and McCally.
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