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State Farm Auto. v. Smith

Court of Appeals of Texas, Second District, Fort Worth
Aug 29, 2003
No. 02-03-046-CV (Tex. App. Aug. 29, 2003)

Opinion

No. 02-03-046-CV.

Delivered: August 29, 2003.

Appeal from the 43rd District Court of Parker County.

Colaneri Massad, PC and Janet Colaneri Arlington, Texas and The Peebles Law Firm ad C.D. Peebles, Southlake, Texas and Touchstone Bernays and S. Todd Parks, Dallas, Texas, for appellants and appellees.

Panel D: GARDNER, J.; CAYCE, C.J.; and WALKER, J.


MEMORANDUM OPINION

See Tex.R.App.P. 47.4.


Both Texas Farmers Insurance Company and State Farm Mutual Automobile Insurance Company filed motions for new trial, and all three parties filed notices of appeal from the trial court's February 26, 2003 judgment. The trial court subsequently granted Texas Farmers Insurance Company's motion for new trial on June 6, 2003, while it still had plenary jurisdiction over the case. See Tex.R.Civ.P. 329b(c), (e).

On June 12, 2003, we informed the parties that it appeared the trial court's granting of the motion for new trial rendered this appeal moot, and the appeal would be dismissed as moot unless any party desiring to continue the appeal filed a response showing grounds for continuing the appeal. No response was filed.

Therefore, we dismiss the appeal as moot on our own motion.


Summaries of

State Farm Auto. v. Smith

Court of Appeals of Texas, Second District, Fort Worth
Aug 29, 2003
No. 02-03-046-CV (Tex. App. Aug. 29, 2003)
Case details for

State Farm Auto. v. Smith

Case Details

Full title:STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, KEVIN PATRICK SMITH AND…

Court:Court of Appeals of Texas, Second District, Fort Worth

Date published: Aug 29, 2003

Citations

No. 02-03-046-CV (Tex. App. Aug. 29, 2003)