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Topletz v. Wadle

Court of Appeals Fifth District of Texas at Dallas
May 17, 2019

Opinion by Justice Whitehill

On Appeal from the 416th Judicial District Court Collin County, Texas
Trial Court Cause No. 416-04120-2012

MEMORANDUM OPINION

Before Justices Whitehill, Partida-Kipness, and Pedersen, III
Opinion by Justice Whitehill

Before the Court is appellant's motion to dismiss the appeal. Appellant explains that the appeal is now unnecessary because the trial court has vacated the appealed order. We grant the motion and dismiss this appeal. See TEX. R. APP. P. 42.1(a)(1).

/Bill Whitehill/


BILL WHITEHILL


JUSTICE 190308F.P05

JUDGMENT

On Appeal from the 416th Judicial District Court, Collin County, Texas
Trial Court Cause No. 416-04120-2012.
Opinion delivered by Justice Whitehill. Justices Partida-Kipness and Pedersen, III participating.

In accordance with this Court's opinion of this date, the appeal is DISMISSED.

Subject to any agreement between the parties, it is ORDERED that appellee RAYGAN BRYCE WADLE, INDEPENDENT ADMINISTRATOR OF THE ESTATE OF LYNDA CARROLL WILLIS, DECEASED, INDIVIDUALLY AND ON BEHALF OF LANCASTER BLUEGROVE, L.P. recover his costs of this appeal from appellant STEVEN K. TOPLETZ. Judgment entered May 17, 2019