The Estate of Jesse S. Trevino Jr., Deceased--Appeal from Probate Court No 1 of Bexar County

MEMORANDUM OPINION
No. 04-04-00610-CV
IN RE THE ESTATE OF JESSE S. TREVINO, JR., DECEASED
From the Probate Court No. 1, Bexar County, Texas
Trial Court No. 2001-PC-2946
Honorable Polly Jackson Spencer, Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Justice

Paul W. Green, Justice

Sarah B. Duncan, Justice

Delivered and Filed: October 6, 2004

DISMISSED

On August 9, 2004, the trial court signed an order appointing a receiver in the underlying cause. Appellant timely perfected an appeal of this order on August 19, 2004. See Tex. Civ. Prac. & Rem. Code Ann. 51.014(a)(1) (Vernon 1997). However, on September 2, 2004, the trial court set aside the "Order Appointing Receiver." Consequently, the order forming the basis of this appeal is no longer in effect. Because the parties' appeal has become moot, this appeal must be dismissed. See Murphy v. Hunt, 455 U.S. 478, 481 (1982) (stating a case becomes moot "when the issues presented are no longer 'live' or the parties lack a legally cognizable interest in the outcome."). Therefore, appellee's motion to dismiss this appeal is granted. Costs of appeal are taxed against the parties who incurred them.

PER CURIAM