in Re: Two Hundred Fifty-Nine Thousand, Three Hundred Thirty-Six Dollars and Seven/100

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-09-263-CV

CHARLES W. ABLES APPELLANT

V.

MURIEL A. BUIE APPELLEE

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FROM COUNTY COURT AT LAW NO. 1 OF TARRANT COUNTY

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MEMORANDUM OPINION (footnote: 1) AND JUDGMENT

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We have considered appellant’s “Motion To Dismiss As Moot.”  It is the court’s opinion that the motion should be granted; therefore, we dismiss the appeal.   See Tex. R. App. P. 42.1(a)(1), 43.2(f).

Costs of the appeal shall be paid by appellant, for which let execution issue.   See Tex. R. App. P. 42.1(d).

PER CURIAM

PANEL:  MCCOY, J.; CAYCE, C.J.; and MEIER, J.

DELIVERED:  October 29, 2009

FOOTNOTES

1:

See Tex. R. App. P. 47.4.