Starwood Homeowner's Association, Inc. v. CTL/Thompson Texas, LLC ( 2011 )

02-11-361-CV

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-11-00361-CV

Starwood Homeowner's Association, Inc.		APPELLANT
V.
CTL/Thompson Texas, LLC		APPELLEE

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FROM THE 16th District Court OF Denton 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 August 18, 2011 “Order Granting CTL/Thompson Texas, LLC’s Motion To Dismiss.”  The trial court subsequently granted appellant's motion for new trial on October 27, 2011, while it still had plenary jurisdiction over the case.  See Tex. R. Civ. P. 329b(e).

On October 28, 2011, 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 November 7, 2011, any party desiring to continue the appeal filed a response showing grounds for continuing the appeal.  Neither party filed a response.

Therefore, 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: GARDNER, WALKER, and MCCOY, JJ.

DELIVERED: December 15, 2011

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