City of Houston v. CES Environmental Services, Inc.

Opinion

Motion Granted; Appeal Reinstated and Dismissed and Memorandum Opinion filed January 24, 2012.

In The

Fourteenth Court of Appeals

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NO. 14-10-00226-CV

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CITY OF HOUSTON, Appellant

V.

CES ENVIRONMENTAL SERVICES, INC., Appellee

On Appeal from the 151st District Court Harris County, Texas

Trial Court Cause No. 2010-06391

MEMORANDUM OPINION

This is an accelerated appeal from a temporary injunction signed March 5, 2010.

This court was notified that appellee, CES Environmental Services, Inc., petitioned for voluntary bankruptcy protection in the United States Bankruptcy Court for the Southern District of Texas, under cause number 10-36924-H4-7. Accordingly, on September 30, 2010, we stayed all proceedings in the appeal. See Tex. R. App. P. 8.2.

On January 13, 2012, appellant, the City of Houston, filed a motion to dismiss the appeal. See Tex. R. App. P. 42.1. According to the motion, the appeal has been rendered moot because the trial court signed an order on January 9, 2012, dismissing the underlying suit, pursuant to appellee’s notice of non-suit. The appeal is reinstated and the motion is granted.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Jamison and McCally.