Shakouri v. Shakouri

Full title: SHAHRAM SHAKOURI APPELLANT v. FARIBA BADIYAN SHAKOURI APPELLEE

Court: Court of Appeals of Texas, Second District, Fort Worth

Date published: Feb 15, 2007

No. 02-06-365-CV (Tex. App. Feb. 15, 2007)

Opinion

No. 02-06-365-CV

Delivered: February 15, 2007.

Appeal From The 231^ST District Court Of Tarrant County.

Panel D: WALKER, J.; CAYCE, C.J.; and McCOY, J.

MEMORANDUM OPINION¹

1 See TEX. R. APP. P. 47.4.

PER CURIAM.

Appellant filed a timely notice of appeal from the trial court's September 27, 2006 "Reformed Final Decree of Divorce." The trial court subsequently granted appellant's motion for new trial on November 17, 2006, while it still had plenary jurisdiction over the case. See TEX. R. — IV. P. 329b(e).

On January 26, 2007, 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 February 5, 2007 any party desiring to continue the appeal filed a response showing grounds for continuing the appeal. Neither party filed a response.

Therefore, we dismiss the appeal as moot on our own motion. See TEX. R. APP. P. 42.3(c), 43.2(f); see State Farm Mut. Auto. Ins. Co. v. Smith, No. 02-03-00046-CV, 2003 WL 22071455, at *1 (Tex.App. — Fort Worth Aug. 29, 2003, no pet.) (mem. op.).