Motion Granted; Appeal Dismissed and Memorandum Opinion filed October 25, 2011.

In The Fourteenth Court of Appeals ____________ NO. 14-11-00691-CV ____________ ANLOC, LLC, Appellant V. M & S EQUIPMENT, INC., Appellee

On Appeal from the 234th District Court Harris County, Texas Trial Court Cause No. 2010-79226

MEMORANDUM OPINION This is an appeal from a default judgment signed June 28, 2011. On October 17, 2011, appellant filed an unopposed motion to dismiss the appeal. See Tex. R. App. P. 42.1. Appellant asserts that the trial court has granted its motion for new trial, rendering the issues in the appeal moot. The motion is granted.

Accordingly, the appeal is ordered dismissed.

PER CURIAM Panel consists of Justices Frost, Seymore, and Jamison.