Jane Plumlee v. Union Pacific Railroad Company--Appeal from 61st District Court of Harris County

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Dismissed and Memorandum Opinion filed January 21, 2010. In The Fourteenth Court of Appeals ____________ NO. 14-08-01173-CV ____________ JANE PLUMLEE, Appellant V. UNION PACIFIC RAILROAD COMPANY, Appellee On Appeal from the 61st District Court Harris County, Texas Trial Court Cause No. 2006-05783 MEMORANDUM OPINION This is an appeal from a judgment signed September 23, 2008. On January 7, 2010, appellee filed an unopposed motion to dismiss the appeal as moot. The underlying suit was brought by Jane Plumlee to establish the right to use a private railroad crossing across Union Pacific s tracks. Plumlee has sold the property and no longer has an interest in the land benefited by the private crossing. Union Pacific requests the appeal be dismissed as moot and Plumlee agrees. The motion is granted. Accordingly, the appeal is ordered dismissed. PER CURIAM Panel consists of Justices Frost, Boyce, and Sullivan. 2

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