Opinion
No. 02-09-280-CV
Dated: November 19, 2009.
Appealed from the 153rd District Court of Tarrant County.
PANEL: CAYCE, C.J.; LIVINGSTON and DAUPHINOT, JJ.
MEMORANDUM OPINION
See Tex. R. App. P. 47.4.
Appellee and appellant Sheffield Development Company, Inc. (Sheffield) has filed an unopposed motion to dismiss this appeal. Sheffield contends that the appeal is moot because it nonsuited all of its claims against appellant and appellee Carter Burgess, Inc. n/k/a Jacobs Engineering Group, Inc. (Carter Burgess), and the trial court entered an order dismissing those claims without prejudice. See Tex. R. Civ. P. 162. Carter Burgess concurs that the appeal is moot. We also agree that the appeal is moot. Thus, in accord with Sheffield's motion, we dismiss the appeal. See Tex. R. App. P. 43.2(f); Reynolds v. Murphy, 266 S.W.3d 141, 145 (Tex. App.-Fort Worth 2008, pet. denied); City of Fort Worth v. Pastusek Indus., Inc., 48 S.W.3d 366, 371 (Tex. App.-Fort Worth 2001, no pet.).
Carter Burgess's brief concerns whether the trial court erred by denying its motion to dismiss and by allowing a Certificate of Merit to be filed regarding Sheffield's claims that have now been nonsuited.