H & R Block, Inc. v. Ronnie and Nancy Haese

• Court: Court of Appeals of Texas
• Decided: September 11, 2003
• Docket: 13-02-00520-CV
• Status: Published

Opinion

NUMBER 13-02-520-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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H & R BLOCK, INC., ET AL., Appellants,

v.

RONNIE AND NANCY HAESE, Appellees.

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On appeal from the 105th District Court of Kleberg County, Texas.

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MEMORANDUM OPINION

Before Chief Justices Valdez and Justices Hinojosa and Yañez

Opinion Per Curiam

Appellants, H & R BLOCK, INC., ET AL., perfected an appeal from a class certification order entered by the 105th District Court of Kleberg County, Texas, in cause number 99-314-D. On January 9, 2003, this Court entered an order abating the appeal for purposes of settlement. The parties have now filed a joint motion to lift abatement and to dismiss interlocutory appeal. In the motion, the parties state that on August 20, 2003, the trial court signed an order vacating the class certification order and decertifying the class. The trial court also non-suited the plaintiffs' claims. In light of the trial court's August 20, 2003 order, the parties state that there is no longer any basis for this interlocutory appeal. The parties request that the abatement of this appeal be lifted and that the appeal be dismissed as moot.

The Court, having considered the documents on file and the joint motion to lift abatement and to dismiss interlocutory appeal, is of the opinion that the motion should be granted. The joint motion is hereby GRANTED. The abatement of the appeal is lifted and the appeal is ordered reinstated. The interlocutory appeal is hereby DISMISSED AS MOOT.

PER CURIAM

Opinion delivered and filed this

the 11^th day of September, 2003.