Marco D. Carnevale v. Endovasc Corporation--Appeal from 359th District Court of Montgomery County

In The
Court of Appeals
Ninth District of Texas at Beaumont
____________________
NO. 09-04-004 CV
____________________
MARCO D. CARNEVALE, Appellant
V.
ENDOVASC CORPORATION, Appellee
On Appeal from the 359th District Court
Montgomery County, Texas
Trial Cause No. 03-04-02939-CV
MEMORANDUM OPINION (1)

The appellant, Marco D. Carnevale, filed a motion to dismiss this accelerated interlocutory appeal because the issues made the basis of this appeal have been mooted by the dissolution of the temporary injunction. The Court finds that the motion is voluntarily made by the motion of the appellant prior to any decision of this Court and should be granted. Tex. R. App. P. 42.1(a)(1).

It is, therefore, ORDERED that the motion to dismiss be granted and the appeal is therefore DISMISSED without reference to the merits of the appeal. Appellate costs are assessed against the appellant.

PER CURIAM

Opinion Delivered April 22, 2004

Before Burgess, Gaultney and Hill (2), JJ.

1. Tex. R. App. P. 47.4.

2. The Honorable John Hill, sitting by assignment pursuant to Tex. Gov't Code Ann. 74.003(b) (Vernon 1998).