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Charlotte Patty McKinley v. Optimist Village Inc.

Court: Court of Appeals of Texas
Date filed: 2016-11-03
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Combined Opinion
                                     In The

                               Court of Appeals
                    Ninth District of Texas at Beaumont
                           ____________________
                              NO. 09-16-00188-CV
                           ____________________

               CHARLOTTE PATTY MCKINLEY, Appellant

                                        V.

                     OPTIMIST VILLAGE INC., Appellee
_______________________________________________________           ______________

                On Appeal from the County Court at Law No. 2
                           Orange County, Texas
                           Trial Cause No. 23510A
________________________________________________________           _____________

                         MEMORANDUM OPINION

      Charlotte Patty McKinley perfected an accelerated appeal from an order

denying her motion to dismiss a residential forcible detainer action filed by

Optimist Village, Inc. See Tex. Civ. Prac. & Rem Code Ann. 51.014(a)(12) (West

Supp. 2016). Upon receiving a suggestion of the death of the appellant, a motion to

withdraw as counsel for the appellant, and the appellee’s motion to dismiss the

appeal as moot, we abated the appeal and remanded the case to the trial court. The

trial court signed a final order of dismissal that disposed of all issues and all

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parties. On September 29, 2016, we issued a suggestion of mootness and required

that any objection be filed no later than October 14, 2016. No response has been

filed. The motion to withdraw as counsel is granted, and the accelerated appeal is

dismissed without reference to the merits. See Tex. R. App. P. 42.3.

      APPEAL DISMISSED.


                                             ________________________________
                                                     LEANNE JOHNSON
                                                           Justice



Submitted on November 2, 2016
Opinion Delivered November 3, 2016

Before McKeithen, C.J., Kreger and Johnson, JJ.




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