Gulf Coast Data SVCS v. Taylor

Full title: GULF COAST DATA SERVICES, INC., THE ERIC WILLIAM CARTER TRUST, ERIC G…

Court: Court of Appeals of Texas, Ninth District, Beaumont

Date published: Feb 19, 2004

No. 09-03-333 CV (Tex. App. Feb. 19, 2004)

Opinion

No. 09-03-333 CV.

Opinion Delivered February 19, 2004.

On Appeal from the 411th District Court, Polk County, Texas, Trial Cause No. Civ 20662.

Eric G. Carter, Eric G. Carter Assoc.; Gene Jones, Houston, TX; Terry Brown, Livingston, TX; Tom Watson, Angleton, for Appellant(s).

Cecil E. Gerg, Onalaska, TX, for Appellee(s).

Before McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.

MEMORANDUM OPINION ¹

1 TEX. R. APP. P. 47.4.

PER CURIAM.

The appellants, Gulf Coast Data Services, Inc., The Eric William Carter Trust, Eric G. Carter, Creeklake Cove Corporation, Bill Rogers, Vemery Enterprises, Inc., and O.D. Kenemore, filed a motion to dismiss this accelerated interlocutory appeal because the issues made the basis of this appeal have been mooted through settlement. The Court finds that the motion is voluntarily made by the motion of the appellants 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 appellants.