COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-16-00357-CV
EDWARDS & ASSOCIATES, TIM APPELLANTS
EDWARDS
V.
AZLEWAY, INC. AND GARY DUKE APPELLEES
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FROM THE 17TH DISTRICT COURT OF TARRANT COUNTY
TRIAL COURT NO. 017-281397-15
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MEMORANDUM OPINION1 AND JUDGMENT
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Appellants filed a timely notice of appeal from the trial court’s July 28, 2016
“Order Granting Defendants’ Motion for Summary Judgment.” The trial court
subsequently granted appellants’ motion for new trial on September 28, 2016,
while it still had plenary jurisdiction over the case. See Tex. R. Civ. P. 329b(e).
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See Tex. R. App. P. 47.4.
On October 3, 2016, 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 October 13, 2016, any
party desiring to continue the appeal filed a response showing grounds for
continuing the appeal. Neither party filed a response.
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: MEIER, GABRIEL, and SUDDERTH, JJ.
DELIVERED: November 23, 2016
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