Opinion
No. 01-02-01332-CV.
Opinion issued October 16, 2003.
Appeal from the 10th District Court District Court, Galveston County, Texas, Trial Court Cause No. 02-CV-0081.
For Appellant: Jonathan Allen, Mehaffy Weber, P.O. Box 16, Beaumont, TX 77704.
Morris C. Carrington, P.O. Box 16, Beaumont, TX 77704.
Michele Y. Smith, Mehaffy Weber, P.O. Box 16, Beaumont, TX 77704.
For Appellee: Sharon S. McCally, Storey, Moore McCally, P.C., 1005 Heights Boulevard, Houston, TX 77008.
Helen A. Cassidy, Storey, Moore McCally, P.C., 1005 Heights Blvd., Houston, TX 77008.
Ian Cloud, Robins, Cloud, Greenwood Lubel, L.L.P., 910 Travis, Suite 2020, Houston, TX 77002.
Panel consists of Chief Justice RADACK and Justices ALCALA and HIGLEY.
MEMORANDUM OPINION
Appellant, Koll Real Estate Group, Inc., filed an interlocutory appeal from the trial court's December 10, 2002 order, in which the trial court denied appellant's special appearance. On September 16, 2003, after the record and briefs had been filed and the case had been submitted to the Court, appellant filed a motion to dismiss the appeal, contending that the appeal was moot because appellant had been dismissed from the underlying suit.
The Court, having considered the documents on file and appellant's motion to dismiss the appeal, is of the opinion that the motion should be, and hereby, is, GRANTED.
Accordingly, the appeal is DISMISSED as moot. See Le v. Kilpatrick, 112 S.W.3d 631, 633-34 (Tex.App.-Tyler 2003, no pet.) (holding interlocutory appeal from denial of special appearance rendered moot by nonsuit of appellant in underlying case).