NO. 12-14-00131-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS
EDOM CORNER, LLC AND EARL A. § APPEAL FROM THE 294TH
BERRY, JR.,
APPELLANTS
V. § JUDICIAL DISTRICT COURT
IT'S THE BERRY'S, LLC D/B/A MARY
ELLEN'S,
APPELLEE § VAN ZANDT COUNTY, TEXAS
MEMORANDUM OPINION
PER CURIAM
Appellant has filed a notice of interlocutory appeal in this court. See TEX. R. APP. P. 28.3
(permitting agreed appeals in cases filed in the trial court before September 1, 2011). The trial
court now has rendered a final judgment in the underlying proceeding. Therefore, the order
appealed in this proceeding is no longer interlocutory. Accordingly, we dismiss this appeal as
moot. See TEX. R. APP. P. 28.2(d).
Opinion delivered January 21, 2015.
Panel consisted of Worthen, C.J. and Hoyle, J.
(PUBLISH)
COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT OF TEXAS
JUDGMENT
JANUARY 21, 2015
NO. 12-14-00131-CV
EDOM CORNER, LLC AND EARL A. BERRY, JR.,
Appellants
V.
IT'S THE BERRY'S, LLC D/B/A MARY ELLEN'S,
Appellee
Appeal from the 294th District Court
of Van Zandt County, Texas (Tr.Ct.No. 09-00138)
THIS CAUSE came on to be heard on the appellate record; and the same
being considered, it is the opinion of this Court that this agreed interlocutory appeal should be
dismissed.
It is therefore ORDERED, ADJUDGED and DECREED by this court that
the appeal be dismissed; and that the decision be certified to the court below for observance.
By per curiam opinion.
Panel consisted of Worthen, C.J. and Hoyle, J.