AMVETS Post 22 v. AMVETS Dept of Texas Foundation

Opinion

DISMISS; and Opinion Filed May 23, 2019.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01148-CV

AMVETS POST 22 AUXILIARY, Appellant V. AMVETS DEPARTMENT OF TEXAS FOUNDATION, Appellee

On Appeal from the County Court at Law No. 5 Dallas County, Texas Trial Court Cause No. CC-18-04759-E

MEMORANDUM OPINION Before Justices Schenck, Osborne, and Reichek Opinion by Justice Schenck This is an appeal from the trial court’s judgment finding appellant guilty of forcible

detainer. After a review of the clerk’s record revealed the judgment had been superseded during

the trial court’s plenary power by an order dismissing the case for want of jurisdiction, we

questioned our jurisdiction over the appeal as the appeal appeared to have become moot. See

Williams v. Lara, 52 S.W.3d 171, 184 (Tex. 2001) (case becomes moot if controversy ceases to

exist). We directed appellant to file a letter brief addressing our concern and cautioned appellant

that failure to comply could result in dismissal of the appeal without further notice. See TEX. R.

APP. P. 42.3(a),(c). More than ten days have passed and appellant has not responded. Accordingly,

we dismiss the appeal. See id. 42.3(a),(c).

/David J. Schenck/ 181148F.P05 DAVID J. SCHENCK JUSTICE Court of Appeals Fifth District of Texas at Dallas JUDGMENT

AMVETS POST 22 AUXILIARY, On Appeal from the County Court at Law Appellant No. 5, Dallas County, Texas Trial Court Cause No. CC-18-04759-E. No. 05-18-01148-CV V. Opinion delivered by Justice Schenck, Justices Osborne and Reichek participating. AMVETS DEPARTMENT OF TEXAS FOUNDATION, Appellee

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

We ORDER appellee AMVETS Department of Texas Foundation recover its costs, if any, of this appeal from appellant AMVETS Post 22 Auxiliary.

Judgment entered this 23rd day of May 2019.

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