Koll Real Estate Group, Inc. v. M. L. Skipper

Opinion issued October 16, 2003

     













In The

Court of Appeals

For The

First District of Texas





NO. 01-02-01332-CV





KOLL REAL ESTATE GROUP, INC., Appellant


V.


M.L.SKIPPER; SELMON A. ATKINSON; FANNIE AUTMAN, SHELLY BROUSSARD, TIMMIE R. AUTMAN, ANTHONY E. AUTMAN, SHEILA K. WIGGERFALL AND CARL AUTMAN, INDIVIDUALLY, AND AS HEIRS OF THE ESTATE OF ALBERT AUTMAN; THEODORE J. BRILHART; JESSIE BUTLER, JR.; BILLY COWEN; JEANNE EDWARDS, INDIVIDUALLY, AND AS HEIR OF THE ESTATE OF WILLARD EDWARDS, JR.; RICHARD A. EPPLEY; KARA FORD, HARLEY E. FORD, RICHARD FORD, DA LORA MILLER, AND CLINTON K. FORD, INDIVIDUALLY, AND AS HEIRS OF THE ESTATE OF CLINTON K. FORD; WILLIAM R. GOULD; BENNIE HOLLOMAN, JR.; LEONARD JOHNSON; ROBERT KIRKLAND; JOHNNY R. LIMMER; LANES K. MARTIN; ROBERT SANDOVAL; LANES D. SHANKLE; DAVID SIMPSON; AND CLARENCE WINZER, JR., Appellees





On Appeal from the 10th District Court District Court

Galveston County, Texas

Trial Court Cause No. 02-CV-0081





MEMORANDUM OPINION

          Appellant, Koll Real Estate Group, Inc., filed an interlocutory appeal from the trial court’s December 10, 2002 order, in which the trial court denied appellant’s special appearance. On September 16, 2003, after the record and briefs had been filed and the case had been submitted to the Court, appellant filed a motion to dismiss the appeal, contending that the appeal was moot because appellant had been dismissed from the underlying suit.

          The Court, having considered the documents on file and appellant’s motion to dismiss the appeal, is of the opinion that the motion should be, and hereby, is, GRANTED.

 

 

 

 

 

 

          Accordingly, the appeal is DISMISSED as moot. See Le v. Kilpatrick, 112 S.W.3d 631, 633-34 (Tex. App.—Tyler 2003, no pet.) (holding interlocutory appeal from denial of special appearance rendered moot by nonsuit of appellant in underlying case).

 

 

                                                                        Sherry Radack

                                                                        Chief Justice


Panel consists of Chief Justice Radack and Justices Alcala and Higley.