Donald MacK Hill and Sisterdale Mobile Home Transport, Inc. v. Maricela Rodarte Mendez

• Court: Court of Appeals of Texas
• Decided: December 15, 2004
• Docket: 04-04-00637-CV
• Status: Published

Opinion

MEMORANDUM OPINION No. 04-04-00637-CV Donald Mack HILL and Sisterdale Mobile Home Transport, Inc., Appellants v. Maricela Rodarte MENDEZ, Appellee From the County Court at Law No. 7, Bexar County, Texas Trial Court No. 290075 Honorable David Rodriguez, Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Justice

Paul W. Green, Justice

Sarah B. Duncan, Justice

Delivered and Filed: December 15, 2004

DISMISSED

On August 26, 2004, the trial court signed an order denying appellants' "Motion to Set Aside Default Judgment and for New Trial." Appellants subsequently appealed this order on September 14, 2004. After the appellants filed their notice of appeal, the trial court reconsidered its order and set aside the default judgment. Because the appellants' appeal has become moot, the appellants filed a motion to dismiss this appeal. See Murphy v. Hunt, 455 U.S. 478, 481 (1982) (stating a case becomes moot "when the issues presented are no longer 'live' or the parties lack a legally cognizable interest in the outcome."). Appellants' motion is granted, and the appeal is dismissed. Costs of appeal are taxed against the appellants. See Tex. R. App. P. 42.1(d).