Juan C. Hernandez & Associates, P.C. v. Holliday Builders, Inc., and American Empire Surplus Lines Insurance, Inc., and American Empire Underwriters, Inc.

• Court: Court of Appeals of Texas
• Decided: November 20, 2008
• Docket: 14-08-00842-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed November 20, 2008

Dismissed and Memorandum Opinion filed November 20, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-00842-CV

JUAN C. HERNANDEZ & ASSOCIATES, P.C., Appellant

V.

HOLLIDAY BUILDERS, INC., AMERICAN EMPIRE SURPLUS LINES INSURANCE, INC., and AMERICAN EMPIRE UNDERWRITERS, INC., Appellees

On Appeal from the 270th District Court

Harris County, Texas

Trial Court Cause No. 2007-48263

M E M O R A N D U M  O P I N I O N

This is an appeal from an order signed May 14, 2008.  The clerk=s record was filed on October 31, 2008.  The record shows the trial court signed an order on August 28, 2008, vacating the order of May 14, 2008. 

On November 5, 2008, notification was transmitted to the parties of this court=s intention to dismiss the appeal for want of jurisdiction unless appellant filed a response demonstrating grounds for continuing the appeal on or before November 15, 2008.  See Tex. R. App. P. 42.3(a).  On November 7, 2008, appellant=s counsel faxed a letter to this court in response to our November 5th letter.  Counsel stated that he had spoken with appellees= counsel and neither party opposed dismissal of the case for want of jurisdiction.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed November 20, 2008.

Panel consists of Justices Yates, Seymore, and Boyce.