Dunham Engineering, Incorporated v. the Sherwin-Williams Company ( 2011 )

Motion Granted; Appeal Dismissed and Memorandum Opinion filed November 3,
2011.
In The
Fourteenth Court of Appeals
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NO. 14-11-00390-CV
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DUNHAM ENGINEERING, INC., Appellant
V.
THE SHERWIN-WILLIAMS COMPANY, Appellee
On Appeal from the 23rd District Court
Brazoria County, Texas
Trial Court Cause No. 56164
MEMORANDUM OPINION
This appeal arises from an order signed April 18, 2011, denying Dunham
Engineering’s motion to dismiss for failure to file a certificate of merit. See Tex. Civ.
Prac. & Rem. Code § 152.002. On October 26, 2011, appellee filed an unopposed
motion to dismiss the appeal as moot on the grounds a notice of non-suit has been filed.
Attached to appellee’s motion are the notice of non-suit and an order of non-suit signed
October 24, 2011, by the trial court dismissing the underlying cause.
Accordingly, appellee’s motion is granted and the appeal is ordered dismissed.
PER CURIAM
Panel consists of Justices Brown, Boyce, and McCally.
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