Jesse B. Johnson, III v. Antone Gest and Milam County, Texas ( 1996 )


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    CV6-352                                                             
    
    
    

    TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN





    NO. 03-96-00352-CV





    Jesse B. Johnson, III, Appellant



    v.



    Antone Gest and Milam County, Texas, Appellees





    FROM THE DISTRICT COURT OF MILAM COUNTY, 20TH JUDICIAL DISTRICT

    NO. 23,758, HONORABLE CHARLES E. LANCE, JUDGE PRESIDING





    PER CURIAM





    After appellate mediation, the parties have informed this Court that they have settled all disputed issues and jointly move that the judgment of the trial court be set aside. When a cause is settled it becomes moot. See Panterra Corp. v. American Dairy Queen,

    908 S.W.2d 300
    , 300 (Tex.
    App.--San Antonio 1995, no writ).  When a cause become moot while on appeal, all previous orders must
    be set aside, and the cause dismissed.  See, e.g., Speer v. Presbyterian Children's Home & Serv.
    Agency, 
    847 S.W.2d 227
    , 228 (Tex. 1993); Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Hughes,
    
    827 S.W.2d 859
    , 859 (Tex. 1992); 
    Panterra, 908 S.W.2d at 300
    ; Texas Educ. Agency v. Dallas
    Indep. Sch. Dist., 
    797 S.W.2d 367
    , 369 (Tex. App.--Austin 1990, no writ).



    Accordingly, we grant the parties' joint motion and dismiss the cause.

    Before Justices Powers, Aboussie and Jones

    Cause Dismissed on Parties' Joint Motion

    Filed: October 30, 1996

    Do Not Publish