Birkel Inv. v. G-5 Hold.

Full title: BIRKEL INVESTMENT HOLDINGS, LTD., Appellant v. G-5 HOLDINGS, L.C., Appellee

Court: Court of Appeals of Texas, Tenth District, Waco

Date published: Mar 3, 2010

No. 10-10-00031-CV (Tex. App. Mar. 3, 2010)

Opinion

No. 10-10-00031-CV

Opinion delivered and filed March 3, 2010.

Appealed from the 85th District Court, Brazos County, Texas, Trial Court No. 06-002109-CV-85.

Appeal dismissed.

Before Chief Justice GRAY, Justice REYNA, and Justice DAVIS.

MEMORANDUM OPINION

TOM GRAY, Chief Justice.

Birkel Investment Holdings, Ltd. filed a notice of appeal on January 19, 2010 from an order of the trial court that granted a motion for judgment filed by G-5 Holdings, L.C.

Birkel Investment Holdings, Ltd. now seeks a dismissal of its appeal because the trial court granted a motion for new trial on February 17, 2010 and thus, the appeal is no longer necessary.

Accordingly, this appeal is dismissed. TEX. R. APP. P. 42.1(a)(1).