In the Guardianship of Ny'Dia Simmons, an Incapacitated Person Appeal from Probate Court No. 2 of Dallas County (memorandum opinion )

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DISMISS; and Opinion Filed August 24, 2015. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-00955-CV IN THE GUARDIANSHIP OF NY’DIA SIMMONS, AN INCAPACITATED PERSON On Appeal from the Probate Court No. 2 Dallas County, Texas Trial Court Cause No. PR-10-00865-2 MEMORANDUM OPINION Before Justices Francis, Lang-Miers and Whitehill Opinion by Justice Francis Stating this appeal has become moot because the trial court granted her motion for new trial, appellant has filed a motion to dismiss the appeal and waive the appellate filing fee. See TEX. R. APP. P. 42.1(a)(1). We grant the motion to the extent we dismiss the appeal. See id. /Elizabeth Lang-Miers/ ELIZABETH LANG-MIERS JUSTICE 150955F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT IN THE GUARDIANSHIP OF NY'DIA SIMMONS, AN INCAPACITATED PERSON On Appeal from the Probate Court No. 2, Dallas County, Texas Trial Court Cause No. PR-10-00865-2. Opinion delivered by Justice Lang-Miers. Justices Francis and Whitehill participating. No. 05-15-00955-CV In accordance with this Court’s opinion of this date, we DISMISS the appeal. We ORDER appellee The Arc of Dallas recover its costs, if any, of this appeal from appellant. Judgment entered this 24th day of August, 2015. –2–

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