                                       In The

                                Court of Appeals
                    Ninth District of Texas at Beaumont
                            ____________________
                               NO. 09-05-00161-CV
                            ____________________

   EMACHINES, INC., EM HOLDINGS, INC., EMPIRE ACQUISITION
    CORPORATION, AND TRIGEM COMPUTER, INC., Appellants

                                         V.

   DAVID PACKARD, PACKARD, PACKARD & LAPRAY, AND JOHN
                      HOCK, Appellees
_______________________________________________________             ______________

                    On Appeal from the 172nd District Court
                            Jefferson County, Texas
                    Trial Cause No. E-165,336 (E-165,336-A)
________________________________________________________             _____________

                          MEMORANDUM OPINION

      On August 15, 2013, eMachines, Inc., EM Holdings, Inc. and Empire Acquisition

Corp., joined by the appellees, David Packard, Packard, Packard & LaPray, and John

Hock, filed a motion to dismiss this accelerated appeal. We abated the appeal and

remanded the case to the trial court for the purpose of dismissing the cause of action

against Trigem Computer, Inc. The trial court dismissed Trigem Computer, Inc. on

November 15, 2013. The accelerated appeal is dismissed as moot.


                                          1
      APPEAL DISMISSED.



                                             PER CURIAM


Opinion Delivered December 19, 2013

Before McKeithen, C.J., and Kreger, J.




                                         2
