IN THE TENTH COURT OF APPEALS No. 10-12-00189-CV TRIBO PRODUCTION COMPANY LTD, Appellant v. ELIZABETH WILSON NEWCOMB AND JAMES D. WILSON, JR., Appellees

From the 272nd District Court Brazos County, Texas Trial Court No. 11-002170-CV-272

MEMORANDUM OPINION

On August 9, 2012, this Court received appellant Tribo Production Company, Ltd.’s unopposed motion to dismiss its appeal in this matter. See TEX. R. APP. P. 42.1(a)(1). In its motion, appellant explains that the trial court granted appellant’s motion for new trial and set aside the default judgment, which is the basis for this appeal. After reviewing the contents of appellant’s motion, we conclude that this appeal is moot and that dismissal would not prevent a party from seeking relief to which it would otherwise be entitled. Accordingly, the motion is granted, and the appeal is dismissed.

AL SCOGGINS Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins Motion granted; appeal dismissed Opinion delivered and filed August 30, 2012 [CV06]

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