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NUMBER 13-02-718-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI
_______________________________________________________________
JO ANN AND LEO KUCERA, Appellants,
v.
JOHN R. COURTNEY, Appellee.
________________________________________________________________
On appeal from County Court at Law No. 2
of Victoria County, Texas.
_______________________________________________________________
MEMORANDUM OPINION
Before Justices Rodriguez, Castillo, and Kennedy[1]
Opinion Per Curiam
Appellants, JO ANN AND LEO KUCERA, perfected an appeal from a judgment entered by County Court at Law No. 2 of Victoria County, Texas, in cause number 2-11,132. After the notice of appeal was filed, appellants filed a motion to dismiss the appeal. In the motion, appellants state that the trial court entered an order on December 31, 2002, granting appellants a new trial. Appellants state that their appeal is therefore moot and should be dismissed.
The Court, having considered the documents on file and appellants= motion to dismiss the appeal, is of the opinion that the motion should be granted. Appellants= motion to dismiss is granted, and the appeal is hereby DISMISSED.
PER CURIAM
Opinion delivered and filed this
the 23rd day of January, 2003.
[1]Retired Justice Noah Kennedy assigned to this Court by the Chief Justice of the Supreme Court of Texas pursuant to Tex. Gov=t Code Ann. ' 74.003 (Vernon 1998).