Enodis Corporation f/k/a Welbilt Corporation and Welbilt Holding Company v. Amana Company, L.P. and Bard Manufacturing Company--Appeal from 7th District Court of Smith County

OPINION HEADING PER CUR NO. 12-02-00265-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS

ENODIS CORPORATION F/K/A

WELBILT CORPORATION AND

 
APPEAL FROM THE 7TH

WELBILT HOLDING, COMPANY,

APPELLANTS

 

V.

 
JUDICIAL DISTRICT COURT OF

AMANA COMPANY, L.P. AND

BARD MANUFACTURING COMPANY,

 
SMITH COUNTY, TEXAS

APPELLEES

MEMORANDUM OPINION
PER CURIAM

Appellees have filed a motion to dismiss this interlocutory appeal, and all other parties to the appeal have been given notice of the filing of this motion. Appellees have attached to their motion documentation verifying that on March 10, 2003, Appellees filed a motion for nonsuit in the trial court, which was granted on March 24, 2003. Consequently, this appeal has been rendered moot. Appellees further represent in their motion that the parties have conferred with respect to the subject matter of this motion and are in agreement. Accordingly, the motion is granted, and the appeal is dismissed.

 

Opinion delivered May 14, 2003.

Panel consisted of Worthen, C.J. and Griffith, J.

 
(PUBLISH)