Smith v. Smith

Full title: CHARLES RANDOLPH SMITH, Appellant v. DETA YVONNE SMITH, Appellees

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

Date published: Jun 15, 2006

No. 02-06-133-CV (Tex. App. Jun. 15, 2006)

Opinion

No. 02-06-133-CV.

Delivered: June 15, 2006.

Appeal from the 325th District Court of Tarrant County.

Panel D: GARDNER, WALKER, and McCOY, JJ.

MEMORANDUM OPINION ¹

1 See Tex.R.App.P. 47.4.

PER CURIAM.

Appellant filed a timely notice of appeal from the trial court's March 23, 2006 "Final Decree of Divorce." The trial court subsequently granted appellant's motion for new trial on May 19, 2006, while it still had plenary jurisdiction over the case. See TEX. R. CIV. P. 329b(e).

On May 24, 2006, 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 June 5, 2006 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).