Freddie L. Walker v. Stephanie Renee Davila and Vernon Ringer

• Court: Court of Appeals of Texas
• Decided: January 23, 2025
• Docket: 09-24-00358-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-24-00358-CV __________________

FREDDIE L. WALKER, Appellant

V.

STEPHANIE RENEE DAVILA AND VERNON RINGER, Appellees

__________________________________________________________________

On Appeal from the 260th District Court Orange County, Texas Trial Cause No. D230267-C __________________________________________________________________

MEMORANDUM OPINION

On October 25, 2024, Freddie L. Walker filed a notice of appeal from

unspecified “denial interlocutory orders in the above cause.” We questioned our

jurisdiction and asked the parties to identify the statute or rule authorizing an appeal

at this time. In a response, Walker argued he should be allowed to pursue a

permissive appeal, but he did not claim that the trial court had permitted an appeal

from an interlocutory order that would not otherwise be appealable. See generally

Tex. Civ. Prac. & Rem. Code Ann. § 51.014(d).

1 A supplemental clerk’s record filed on November 19, 2024, contains the trial

court’s November 18, 2024, order granting Walker’s Voluntary Motion to Dismiss

Without Prejudice and dismissing the cause without prejudice. Upon receiving the

supplemental clerk’s record, the Clerk of the Court notified the parties that unless

the Court received a valid objection the appeal would proceed as a regular appeal.

Walker filed his brief on December 16, 2024.

On December 19, 2024, Stephanie Renee Davila filed a motion to dismiss the

appeal. Davila contends there is no pending controversy between the parties and the

appeal is moot. Walker did not respond to the motion, nor does he argue in his brief

that the appeal is not moot. Accordingly, we grant the motion and dismiss the appeal.

See Tex. R. App. P. 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on January 22, 2025 Opinion Delivered January 23, 2025

Before Golemon, C.J., Wright and Chambers, JJ.