Richard Stephen Calkins and Michael Easton v. Mark W. Sullivan

• Court: Court of Appeals of Texas
• Decided: August 29, 2024
• Docket: 01-24-00528-CV
• Status: Published

Opinion

Opinion issued August 29, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00528-CV ——————————— RICHARD STEPHEN CALKINS AND MICHAEL EASTON, Appellants V. MARK W. SULLIVAN, STEVE M. KING, G WESLEY URQUHART, G. WESLEY URQUHART, P.C., AND MARY ELIZABETH URQUHART, Appellees

and

G WESLEY URQUHART, G. WESLEY URQUHART, P.C., AND MARY ELIZABETH URQUHART, Cross-Appellants

V.

RICHARD STEPHEN CALKINS AND MICHAEL EASTON, Cross- Appellees

On Appeal from the 61st District Court Harris County, Texas Trial Court Case No. 2011-21236

MEMORANDUM OPINION

Appellants/cross-appellees Richard Stephen Calkins and Michael Easton

appeal from the trial court’s judgment signed on May 3, 2024. Calkins and Easton

have filed a motion to dismiss this appeal, arguing that the appeal is moot because

the trial court granted their motion to modify and entered a new final judgment on

August 15, 2024.

Appellees/cross-appellants, G. Wesley Urquhart, G. Wesley Urquhart, P.C.,

and Mary Elizabeth Urquhart, filed a notice of cross-appeal from the trial court’s

May 3, 2024 judgment, stating in their notice of appeal that they were filing the

notice of cross-appeal subject to the motion to modify filed by appellants/cross-

appellees Calkins and Easton. Appellees and cross-appellants are unopposed to the

motion to dismiss.

We grant the motion and dismiss this appeal and cross-appeal. See TEX. R.

APP. P. 42.1(a). Any pending motions are dismissed as moot.

PER CURIAM Panel consists of Justices Kelly, Landau, and Rivas-Molloy.