






NUMBER 13-01-771-CV


COURT OF APPEALS


THIRTEENTH DISTRICT OF TEXAS


CORPUS CHRISTI - EDINBURG

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BRENDA LYNDA RESENDEZ,		Appellant,

v.

WHATABURGER, INC.,	Appellee.
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On appeal from the 117th  District Court
of Nueces County, Texas.
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MEMORANDUM OPINION

 
Before Justices Hinojosa, Yañez, and Garza

Opinion Per Curiam

	Appellant, BRENDA LYNDA RESENDEZ, perfected an appeal from a judgment
entered by the 117th District Court of Nueces County, Texas, in cause number 01-4385-B.  The appeal was ordered abated on April 25, 2002, pending the resolution of
the trial and appellate issues involved in cause number 00-2772-B styled Brenda Lynda
Resendez v. Juan Jose Alvarado  pending in the 117th District Court of Nueces County,
Texas (the "Alvarado Lawsuit").  Appellee has now filed a motion to lift abatement and
dismiss.  In its motion, appellee states that both the trial and appellate issues in the
Alvarado Lawsuit have been resolved.   Appellee states that the present appeal has
become moot and requests that this Court lift the abatement and dismiss the appeal.
	The Court, having considered the documents on file and appellee's motion to
lift abatement and dismiss appeal, is of the opinion that the motion should be granted. 
Appellee's motion to lift abatement and dismiss is granted.  The appeal is ordered
REINSTATED and is hereby DISMISSED.
									PER CURIAM

Opinion delivered and filed this
the 9th day of October, 2003.
