in the Guardianship of Ny'Dia Simmons, an Incapacitated Person

Opinion

DISMISS; and Opinion Filed August 24, 2015.

S In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-15-00955-CV

IN THE GUARDIANSHIP OF NY’DIA SIMMONS, AN INCAPACITATED PERSON

On Appeal from the Probate Court No. 2 Dallas County, Texas

Trial Court Cause No. PR-10-00865-2

MEMORANDUM OPINION

Before Justices Francis, Lang-Miers and Whitehill Opinion by Justice Lang-Miers

Stating this appeal has become moot because the trial court granted her motion for new

trial, appellant has filed a motion to dismiss the appeal and waive the appellate filing fee. See

TEX. R. APP. P. 42.1(a)(1). We grant the motion to the extent we dismiss the appeal. See id.

/Elizabeth Lang-Miers/ ELIZABETH LANG-MIERS JUSTICE

150955F.P05

S

Court of Appeals

Fifth District of Texas at Dallas JUDGMENT

IN THE GUARDIANSHIP OF NY'DIA On Appeal from the Probate Court No. 2, SIMMONS, AN INCAPACITATED Dallas County, Texas PERSON Trial Court Cause No. PR-10-00865-2.

Opinion delivered by Justice Lang-Miers.

No. 05-15-00955-CV Justices Francis and Whitehill participating.

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

We ORDER appellee The Arc of Dallas recover its costs, if any, of this appeal from appellant.

Judgment entered this 24th day of August, 2015.