My485, Inc. v. Riverside Partners, LLC, D/B/A the Riverside Company and HealthcareFirst, Inc.

02-12-307-CV


COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

 

 

 

NO. 02-12-00307-CV

 

 

My485, Inc.

 

APPELLANT

 

V.

 

Riverside Partners, LLC, d/b/a The Riverside Company and HealthcareFirst, Inc.

 

APPELLEES

 

 

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FROM THE 67th District Court OF Tarrant COUNTY

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MEMORANDUM OPINION[1] AND JUDGMENT

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Appellant filed a timely notice of appeal from the trial court=s July 5, 2012 “Order Granting Defendants’ Motion For Summary Judgment Of No Liability.”  The trial court subsequently granted appellant’s motion for new trial on September 3, 2012, while it still had plenary jurisdiction over the case.  See Tex. R. Civ. P. 329b(e).

On September 5, 2012, we informed the parties that it appeared the trial court=s granting of the motion for new trial rendered this appeal moot and that the appeal would be dismissed as moot unless, on or before September 17, 2012, any party desiring to continue the appeal filed a response showing grounds for continuing the appeal.  Appellant responded on September 11, 2012, agreeing that the appeal should be dismissed as moot.

Accordingly, on this court=s own motion, we dismiss the appeal as moot.  See Tex. R. App. P. 42.3(a), 43.2(f).

 

PER CURIAM

PANEL:  LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ. 

 

DELIVERED:  September 20, 2012

 

 

 

 


COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

 

 

NO. 02-12-00370-CV

 

 

In re W.H.

 

 

 

 

 

 

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Original Proceeding

 

From the 431st District Court

 

of Denton County (2001-61131-393)

 

September 17, 2012

 

Opinion by Justice Gardner

 

JUDGMENT

 

This court has considered Relator’s petition for writ of habeas corpus and is of the opinion that relief should be granted in part.

The trial court’s August 24 and 27, 2012 commitment orders are void to the extent that they withhold good-time credit in connection with Relator’s thirty-six day concurrent jail sentences.  Therefore, we modify these two commitment orders to delete the phrase “without good time credit” in each order.  We deny all other relief requested by Relator.

         

 

It is further ordered that each party shall bear their own costs of this proceeding, for which let execution issue.

 

SECOND DISTRICT COURT OF APPEALS

 

 

 

By_________________________________

    Justice Anne Gardner

 


 

 



[1]See Tex. R. App. P. 47.4.