In the Estate of Valgene William Lehmann, Jr., Deceased--Appeal from Probate Court of Dimmit County

MEMORANDUM OPINION

No. 04-05-00504-CV

IN THE ESTATE OF VALGENE WILLIAM LEHMANN, JR., DECEASED

From the Probate Court, Dimmit County, Texas

Trial Court No. 1389

Honorable Don R. Windle, Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: December 21, 2005

DISMISSED

After appellant filed her notice of appeal, the trial court granted appellant s motion for new trial. Because the appeal has become moot, appellant filed a motion to dismiss this appeal. 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. ). Appellant s motion is granted, and the appeal is dismissed. Costs of appeal are taxed against the appellant. See Tex. R. App. P. 42.1(d).

PER CURIAM