Oncor Electric Delivery Company LLC v. N.S. Bettinger

• Court: Court of Appeals of Texas
• Decided: July 19, 2018
• Docket: 02-18-00193-CV
• Status: Published

Opinion

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-18-00193-CV

ONCOR ELECTRIC DELIVERY APPELLANT COMPANY LLC

V.

N.S. BETTINGER APPELLEE

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FROM COUNTY COURT AT LAW NO. 2 OF TARRANT COUNTY TRIAL COURT NO. 2014-001645-2

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

Appellant filed a timely notice of appeal from the trial court’s March 8, 2018

“Final Judgment.” The trial court subsequently vacated both the partial summary

judgment and final judgment and abated the case, while it still had plenary

jurisdiction over the case.

1 See Tex. R. App. P. 47.4. On July 2, 2018, we informed the parties that it appeared the trial court’s

order vacating both the partial summary judgment and final judgment and abating

the case rendered this appeal moot and that the appeal would be dismissed as

moot unless, on or before July 12, 2018, any party desiring to continue the

appeal filed a response showing grounds for continuing the appeal. Appellant

responded, agreeing that the appeal should be dismissed as moot.

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

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

PER CURIAM

PANEL: PITTMAN, J.; SUDDERTH, C.J.; and BIRDWELL, J.

DELIVERED: July 19, 2018