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Garcia v. Gonzales

Court of Appeals of Texas, Second District, Fort Worth
Nov 15, 2007
No. 02-07-158-CV (Tex. App. Nov. 15, 2007)

Opinion

No. 02-07-158-CV

Delivered: November 15, 2007.

Appeal from County Court at Law No. 2 of Tarrant County.

PANEL D: DAUPHINOT, HOLMAN, and GARDNER, JJ.


MEMORANDUM OPINION


Appellant filed a timely notice of appeal from the trial court's April 23, 2007 "Final Default Judgment." The trial court subsequently granted appellant's motion for new trial on July 9, 2007, while it still had plenary jurisdiction over the case. See TEX. R. CIV. P. 329b(e).

On October 16, 2007, we informed the parties that it appeared the trial court's granting of the motion for new trial rendered this appeal moot and that the appeal would be dismissed as moot unless, on or before Friday, October 26, 2007, any party desiring to continue the appeal filed a response showing grounds for continuing the appeal. Neither party filed a response.

Therefore, we dismiss the appeal as moot on our own motion. See TEX. R. APP. P. 42.3(c), 43.2(f).


Summaries of

Garcia v. Gonzales

Court of Appeals of Texas, Second District, Fort Worth
Nov 15, 2007
No. 02-07-158-CV (Tex. App. Nov. 15, 2007)
Case details for

Garcia v. Gonzales

Case Details

Full title:FILOMENO GARCIA, INDIVIDUALLY AND D/B/A GARCIA PAINTING CONTRACTOR…

Court:Court of Appeals of Texas, Second District, Fort Worth

Date published: Nov 15, 2007

Citations

No. 02-07-158-CV (Tex. App. Nov. 15, 2007)

Citing Cases

Gray v. Gray

See TEX. R. APP. P. 42.1(a)(2), 43.2(f); see also Garcia v. Gonzales, No. 02-07-00158-CV, 2007 WL 3408640, at…