Opinion
No. 10-09-00262-CV
Opinion delivered and filed March 3, 2010.
Appealed from the County Court at Law, Ellis County, Texas, Trial Court No. 76,744.
Appeal dismissed.
Before Chief Justice GRAY, Justice REYNA, and Justice DAVIS.
Chief Justice GRAY concurs in the judgment only, and only to the extent that it dismisses this proceeding. A separate opinion will not issue.
MEMORANDUM OPINION
Appellants challenged the trial court's oral ruling striking their original petition to be appointed as permanent managing conservators of the child the subject of the suit both by mandamus and by direct appeal. This Court granted mandamus relief. See In re Cervantes, 300 S.W.3d 865 (Tex. App.-Waco 2009, orig. proceeding) (op. on reh'g). The parties were notified that, unless a response was filed showing grounds for continuing the appeal, the appeal may be dismissed because: (1) it is moot in light of this Court's mandamus ruling; and (2) the trial court's oral ruling is not an appealable order. See TEX. R. APP. P. 42.3(a). The Court has received no response. Accordingly, the appeal is dismissed.