IN THE
TENTH COURT OF APPEALS
No. 10-06-00084-CR
John Dwain Rogers,
Appellant
v.
The State of Texas,
Appellee
From the 413th District Court
Johnson County, Texas
Trial Court No. F39161
MEMORANDUM Opinion
Appellant has filed a motion to dismiss his appeal as moot because the trial court granted his motion for new trial after Appellant had filed his notice of appeal. See Tex. R. App. P. 42.2(a). Documents attached to the motion support Appellant’s contention, the State does not oppose dismissal, and we have not issued a decision. Finding the appeal to be moot, we dismiss.
PER CURIAM
Before Chief Justice Gray,
Justice Vance, and
Justice Reyna
Appeal dismissed
Opinion delivered and filed May 10, 2006
Do not publish
[CR25]
ft the suspension of the appeal.
We agree with Beard that according to section 24.007 of the Texas Property Code, Calvin has no right to appeal. Id. In coming to this conclusion, we do not address the merits of any issue, specifically including res judicata or the proper construction of the settlement agreement. We simply do not have jurisdiction of this appeal.
Accordingly, we grant Beard’s motion to dismiss, and this appeal is dismissed. See Tex. R. App. P. 42.3(a).
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Reyna, and
Justice Davis
Objection sustained
Motion granted
Appeal dismissed
Opinion delivered and filed November 3, 2010
[CV06]