Brenda Lynda Resendez v. Whataburger, Inc.

• Court: Court of Appeals of Texas
• Decided: October 9, 2003
• Docket: 13-01-00771-CV
• Status: Published

Opinion

NUMBER 13-01-771-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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BRENDA LYNDA RESENDEZ, Appellant,

v.

WHATABURGER, INC., Appellee.

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On appeal from the 117th District Court of Nueces County, Texas.

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MEMORANDUM OPINION

Before Justices Hinojosa, Yañez, and Garza

Opinion Per Curiam

Appellant, BRENDA LYNDA RESENDEZ, perfected an appeal from a judgment entered by the 117th District Court of Nueces County, Texas, in cause number 01-4385-B. The appeal was ordered abated on April 25, 2002, pending the resolution of the trial and appellate issues involved in cause number 00-2772-B styled Brenda Lynda Resendez v. Juan Jose Alvarado pending in the 117^th District Court of Nueces County, Texas (the "Alvarado Lawsuit"). Appellee has now filed a motion to lift abatement and dismiss. In its motion, appellee states that both the trial and appellate issues in the Alvarado Lawsuit have been resolved. Appellee states that the present appeal has become moot and requests that this Court lift the abatement and dismiss the appeal.

The Court, having considered the documents on file and appellee's motion to lift abatement and dismiss appeal, is of the opinion that the motion should be granted. Appellee's motion to lift abatement and dismiss is granted. The appeal is ordered REINSTATED and is hereby DISMISSED.

PER CURIAM

Opinion delivered and filed this

the 9th day of October, 2003.