Joanne Barnwell v. Gregory D. Eversole

In The

Court of Appeals

Ninth District of Texas at Beaumont

______________________ NO. 09-07-206 CV ______________________ JOANNE BARNWELL, Appellant

V.

GREGORY D. EVERSOLE, Appellee

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On Appeal from the 359th District Court Montgomery County, Texas Trial Cause No. 07-03-03181 CV

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    MEMORANDUM OPINION

After this Court issued an opinion in Joanne Barnwell's interlocutory appeal from a temporary injunction in Gregory Eversole's bill of review suit, Barnwell informed this Court that the trial court had conducted a hearing on Eversole's petition and had dismissed his suit against Barnwell. By motion, Barnwell asks that we vacate our opinion as moot. Because the trial court dismissed and disposed of the case in a final judgment prior to the issuance of our opinion, we withdraw our August 30, 2007, opinion, vacate our judgment, and dismiss the appeal as moot. See generally Tex. Foundries v. Int'l Moulders & Foundry Workers' Union, 151 Tex. 239, 248 S.W.2d 460, 461 (1952); see also generally Valley Baptist Med. Ctr. v. Gonzalez, 33 S.W.3d 821, 822 (Tex. 2000).

APPEAL DISMISSED AS MOOT.

DAVID GAULTNEY

Justice

Submitted on July 12, 2007

Opinion Delivered October 4, 2007

Before Gaultney, Kreger, and Horton, JJ.