Diana Brannon and Clint Wright v. Monique Trigo and Estrenando Enterprises, Inc.

• Court: Court of Appeals of Texas
• Decided: June 1, 2006
• Docket: 13-05-00504-CV
• Status: Published

Opinion

                             NUMBER 13-05-504-CV

                         COURT OF APPEALS

               THIRTEENTH DISTRICT OF TEXAS

                  CORPUS CHRISTI - EDINBURG

_________________________________________________________

DIANA BRANNON AND CLINT WRIGHT,         Appellants,

                                           v.

MONIQUE TRIGO AND ESTRENANDO ENTERPRISES,

INC.,                                                                     Appellees.

                On appeal from County Court at Law No. 4

                           of Hidalgo County, Texas.

                     MEMORANDUM OPINION

                 Before Justices Hinojosa, Yañez, and Garza

Memorandum Opinion Per Curiam

Appellants, DIANA BRANNON, ET AL., perfected an appeal from a judgment entered by County Court at Law No. 4 of Hidalgo County, Texas, in cause number CL-05-0685-D.  After the record and briefs were filed, appellee, Monique Trigo, filed a motion to dismiss the appeal.  In her motion, appellee states that she has constructively tendered ownership of the company, Estrenando Enterprises, Inc.,  to appellants and that such development has rendered this appeal moot.  Appellee states that, since appellants now own the company, no live controversy exists.  By notice dated March 22, 2006,  this Court requested that appellants file a response to appellee=s motion.  Appellants failed to file a response as requested by this Court.  Pursuant to Tex. R. App. P. 42.3, notice was given that, unless a response to appellee=s motion was filed within ten days from the date of receipt of this Court=s notice, the appeal would be dismissed. To date, appellants have failed to respond to this Court=s notice.

The Court, having considered the documents on file, appellee=s motion to dismiss the appeal, and appellants= failure to respond to this Court=s notice, is of the opinion that the appeal should be dismissed in its entirety.  Appellee=s motion to dismiss the appeal is granted, and the appeal between appellants and appellee, Monique Trigo, is DISMISSED.  On the Court=s own motion and pursuant to Tex. R. App. P. 42.3, the appeal is DISMISSED in its entirety. 

PER CURIAM

Memorandum Opinion delivered and filed this

the 1^st day of June, 2006.