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DUNHAM ENGINEERING, INC., Appellant v. THE SHERWIN-WILLIAMS COMPANY, Appellee.

MEMORANDUM OPINION

PER CURIAM.

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.

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DUN. ENGI. v. SHE.-WILL., 14-11-00390-CV (Tex.App.-Houston [14th Dist.] 11-3-2011)
(Nov 3, 2011)