Allegheny Casualty, Defendant-Surety v. State ( 2010 )

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-10-00178-CV

Allegheny Casualty, Defendant-Surety		APPELLANT
V.
The State of Texas		APPELLEE

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FROM THE 371st District Court OF Tarrant COUNTY

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MEMORANDUM OPINION^[1] AND JUDGMENT

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Appellant filed a timely notice of appeal from the trial court=s March 1, 2010 “Final Judgment.”  The trial court subsequently granted appellant=s motion for new trial on June 4, 2010, while it still had plenary jurisdiction over the case.  See Tex. R. Civ. P. 329b(e).

On June 9, 2010, we informed the parties that it appeared the trial court=s granting of the motion for new trial rendered this appeal moot.  We stated that the appeal would be dismissed as moot unless, on or before June 21, 2010, any party desiring to continue the appeal filed a response showing grounds for continuing the appeal.  Neither party filed a response.

Accordingly, 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: MCCOY, J.; LIVINGSTON, C.J.; and MEIER, J. 

DELIVERED: July 8, 2010

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^[1]See Tex. R. App. P. 47.4.