Opinion
NO. 02-16-00410-CV
01-26-2017
GREG'S RV, INC. D/B/A TEXAS RV OUTLET SUPERSTORE APPELLANT v. MICHAEL STEEN APPELLEE
FROM THE 415TH DISTRICT COURT OF PARKER COUNTY
TRIAL COURT NO. CV15-1473 MEMORANDUM OPINION AND JUDGMENT
See Tex. R. App. P. 47.4.
The trial court signed an "Order Granting Default Judgment as to Defendant Greg's RV, Inc. d/b/a Texas RV Outlet Superstore" on July 28, 2016. On October 26, 2016, appellant filed a notice of appeal and a motion for new trial. On November 18, 2016, in accordance with rule 306a of the rules of civil procedure, the trial court signed an order making October 25, 2016, the effective date from which the appellate deadlines started. See Tex. R. Civ. P. 306a. Also on November 18, 2016, the trial court granted appellant's motion for new trial, while it still had plenary jurisdiction over the case. See Tex. R. Civ. P. 329b(e).
On December 16, 2016, we informed the parties that it appeared the trial court's granting of the motion for new trial rendered this appeal moot and that the appeal would be dismissed as moot unless, on or before December 27, 2016, 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: KERR, J.; LIVINGSTON, C.J.; and PITTMAN, J. DELIVERED: January 26, 2017