Don Hutto v. Vicki Hutto

• Court: Court of Appeals of Texas
• Decided: April 11, 2018
• Docket: 10-18-00011-CV
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-18-00011-CV

DON HUTTO, Appellant v.

VICKI HUTTO, Appellee

From the County Court at Law No. 2 Johnson County, Texas Trial Court No. CC-C20170490

MEMORANDUM OPINION

In this forcible-detainer action, appellant, Don Hutto, appeals from a judgment

granted in favor of appellee, Vicki Hutto, on January 3, 2018. On February 27, 2018,

appellee filed a motion to dismiss this proceeding, arguing that the appeal is moot

because a writ of possession was executed on February 26, 2018, which means that

appellant is no longer in possession of the property. On March 20, 2018, we requested

that appellant file a response to appellee’s motion to dismiss within ten days and informed appellant that a failure to respond would result in this appeal being dismissed

pursuant to Texas Rule of Appellate Procedure 42.3(c). See TEX. R. APP. P. 42.3(c). More

than ten days have passed, and appellant has not responded to our March 20, 2018 letter.

As such, we hereby dismiss this appeal pursuant to Texas Rule of Appellate Procedure

42.3(c). See id.

AL SCOGGINS Justice

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Appeal dismissed Opinion delivered and filed April 11, 2018 [CV06]

Hutto v. Hutto Page 2