Michael Smith AND Gina Kirkpatrick v. Kevin Smith and Jana Henderson AND Michael A. Smith

Opinion

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-10-00059-CV

MICHAEL SMITH APPELLANT

V.

KEVIN SMITH AND APPELLEES JANA HENDERSON

AND

GINA KIRKPATRICK APPELLANT

MICHAEL A. SMITH APPELLEE

------------

FROM THE 67TH DISTRICT COURT OF TARRANT COUNTY

MEMORANDUM OPINION1 AND JUDGMENT ----------

Appellants filed timely notices of appeal from the trial court’s February 18,

2010 “Final Judgment.” We received the trial court’s amended order granting

defendant’s motion for new trial signed on July 18, 2010.

1 See Tex. R. App. P. 47.4. On July 27, 2010, we informed the parties that it appeared the trial court’s

granting of the motion for new trial rendered these appeals moot and that the

appeals would be dismissed as moot unless, on or before August 6, 2010, any

party desiring to continue the appeals filed a response showing grounds for

continuing the appeals. Neither party filed a response.

Therefore, on this court’s own motion, we dismiss the appeals as moot.

See Tex. R. App. P. 42.3(a), 43.2(f).

PER CURIAM

PANEL: MEIER, DAUPHINOT, and WALKER, JJ.

DELIVERED: August 19, 2010