Opinion
No. 09-04-198 CV
Opinion Delivered: August 26, 2004.
On Appeal from the 410th District Court, Montgomery County, Texas, Trial Cause No. 04-04-02429 Cv.
Paul A. Scheurich, Entergy Services, Inc., Beaumont, TX, Ray A. Burgess, Hope Causey, PC, Conroe, TX, Larry J. Simmons and Kelli B. Smith, Germer Gertz, LLP, Beaumont, TX, for appellant.
Tommy R. Hastings, The Mallia Law Firm, Houston, TX, and Jeff Kemp, The Woodlands, TX, for appellees.
Before McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.
MEMORANDUM OPINION
Tex.R.App.P. 47.4.
The appellant, Entergy Gulf States, Inc., filed a motion to dismiss this accelerated interlocutory appeal because the issues made the basis of this appeal are moot because the trial court subsequently denied permanent injunctive relief following jury trial on the merits. The Court finds that the motion is voluntarily made by the motion of the appellant prior to any decision of this Court and should be granted. Tex.R.App.P. 42.1(a)(1).
It is, therefore, ORDERED that the motion to dismiss be granted and the appeal is therefore DISMISSED without reference to the merits of the appeal. Appellate costs are assessed against the appellant.