COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-07-356-CV
DAVID R. REYNA APPELLANT
V.
DEBORAH HARDEE AND APPELLEE S
YELLOW TRANSPORTATION, INC.
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FROM COUNTY COURT AT LAW NO. 2 OF TARRANT COUNTY
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MEMORANDUM OPINION (footnote: 1)
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Appellant filed a timely notice of appeal from the trial court’s July 18, 2007 order. The trial court subsequently vacated its July 18, 2007 order on October 18, 2007, while it still had plenary jurisdiction over the case. See Tex. R. Civ. P. 329b(e).
On October 22, 2007, we informed the parties that it appeared the trial court’s action rendered this appeal moot and that the appeal would be dismissed as moot unless, on or before November 1, 2007, appellant filed a response showing grounds for continuing the appeal. Appellant responded, informing the court that he would not be proceeding with the appeal.
Therefore, we dismiss the appeal as moot on our own motion. See Tex. R. App. P. 42.3 (c), 43.2(f).
PER CURIAM
PANEL D: MCCOY, J.; CAYCE, C.J.; and LIVINGSTON, J.
DELIVERED: November 15, 2007
FOOTNOTES
1:
See Tex. R. App. P. 47.4.