
    UNIVERSITY INTERSCHOLASTIC LEAGUE v. SIMS et al.
    No. 2264—7383.
    Commission of Appeals of Texas, Section A.
    July 26, 1939.
    M. L. Lefler and E. B. Votaw, both of Beaumont, for plaintiff in error.
    C. S. Pipkin, of Beaumont, and A. A. Gunter and A. V. Watson, II, both of Port Arthur, for defendants in error.
   HICKMAN, Commissioner.

The nature of this case is reflected by the opinion of the Court of Civil Appeals. Ill S.W.2d 814. That court entered its order reversing the judgment of the trial cou.rt and remanding the cause thereto for, another trial. Admittedly the case is moot. In order to give this court jurisdiction to enter the correct order in a moot case, this writ was granted. The correct order to enter is one dismissing the case. McWhorter v. Northcutt, 94 Tex. 86, 58 S.W. 720; Thomason v. Seale, 122 Tex. 160, 53 S.W.2d 764; Sterling v. Ferguson, 122 Tex. 122, 53 S.W.2d 753; Taylor v. Nealon et al., Tex. Sup., 120 S.W.2d 586; Iles v. Walker, Tex.Sup., 120 S.W.2d 418; Cisco Independent School District v. Dudley, Tex.Civ.App., 53 S.W.2d 639; International Ass’n of Machinists Union No. 1486, et al. v. Federated Association of Accessory Workers et al., Tex.Com.App., 130 S.W.2d 282, not yet reported [in State Reports].

It is therefore ordered that the judgments below be vacated, the case be dismissed, and all costs in ail courts be assessed. against defendants in error, who were plaintiffs in the trial court.

Opinion adopted by the Supreme Court.  