DISMISS; Opinion issued November 14, 2012.

In The tntirt nf Appia1 3cm!! OIitrirt øf ixaz at tkitta No. (>5-1 1-01 142-CV

ADDISON LIMOS LLC, MAHMOOD GHASREK11ALILI D/BIA ADDISON XPRESS CAR & LIMOUSINE SERVICE, AND FATEMA FAIYAZ, Appellants V. CINEMACAR LEASING, INC., Appellee

On Appeal from the 298th Judicial District Court Dallas County, Texas Trial Court Cause No. 2010-07004

MEMORANDUM OPINION Before Justices O’Neill, FitzGerald, and Lang-Miers Opinion By Justice O’Neill Appellee Cinemacar Leasing, Inc. filed a motion to dismiss appeal as moot based on the recent memorandum opinion out of the Second District Court of Appeals involving the same issues and facts. See Mahmood Chaseekhalili and Fatema Faiyac v. Cinernacar Leasing, Inc., 02-1 1— 00454-CV, 2012 WL 3207247 (Tex. App.—Fort Worth, Aug. 30, 2012) (mem. op.).’ Appellee contends a ruling from this Court may result in contradictory andlor duplicative rulings on the same facts and issues in dispute.

\Vhile there is a discrepancy in the spelling of appellant Mahmood’s last name, neither pay has indicated he is not the same person VVe ordered appellants to tile a response by October 29. 201 2 and it we di(l not receive one. we inlormed appellants the Court “shall considerthe motion and proceed accordingly’’ when the case was submitted. Appellants failed to file a response.

After reviewing the facts and issues raised in this appeal with the facts and issues decided 1w the Second District (ourt of Appeals. we agree with appellee that appellants appeal is moot.

Accordingly. appellee’s motion is granted and we disniiss this appeal. TEX. R. APP. P. 42.3(a).

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JUSTICE

Ill l42F.P05

—7— tønrt uf 4qJ1Lzta 2FiftI! Outnct uf ixaa It Li11a JUDGMENT ADDISON LIMOS LLC, MAHMOOD Appeal from the 298th Judicial District GKASREKHALILI D/B/A ADDISON Court of Dallas County, Texas, (Tr,Ct.No. EXPRESS CAR & LIMOUSINE SERVICE, Cause No. 201 0M7004).

AND FA FEMA FAIYAZ ppe1lants Opinion delivered by Justice O’Neill, Justices FitzGerald and LangMiers, No. 051 U0I I42CV V participating.

CINEMACAR LEASING, INC. Appellee Based on the Court’s opinion of this date, the appeal is DISMISSED as moot.

It is ORDERED that appellee Cinemacar Leasing, Inc. recover its costs of this appeal from Addison Limos LLC, Mahmood Ghasrekhalili d/h/a Addison Express Car & Limousine Service, and Fatema Faiyaz.

Judgment entered November 14, 2012.

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