Robbie Smith, Jr. Trust v. Patti Fain Smith--Appeal from 87th District Court of Limestone County

IN THE

TENTH COURT OF APPEALS

No. 10-08-00165-CV

Robbie Smith, Jr. Trust,

Appellant

v.

Patti Fain Smith,

Appellee

From the 87th District Court

Limestone County, Texas

Trial Court No. 28,462-B

MEMORANDUM Opinion

  Appellants filed a notice of appeal from a default judgment. They now file a motion to dismiss the appeal stating that the trial court granted their motion for new trial.

Accordingly, this appeal is dismissed. Tex. R. App. P. 42.1(a)(1).

TOM GRAY

Chief Justice

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Appeal dismissed

Opinion delivered and filed July 2, 2008

[CV06]