Hannah Kim v. Portfolio Recovery Associates, LLC

Court of Appeals of Texas·Decided March 25, 2021·No. 02-21-00041-CV·Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-21-00041-CV ___________________________

HANNAH KIM, Appellant

V.

PORTFOLIO RECOVERY ASSOCIATES, LLC, Appellee

On Appeal from County Court at Law No. 2 Denton County, Texas Trial Court No. CV-2020-01425

Before Walker, J.; Sudderth, C.J.; and Kerr, J. Per Curiam Memorandum Opinion MEMORANDUM OPINION AND JUDGMENT

The trial court signed a default judgment in favor of Appellee on

November 17, 2020. Appellant filed a timely notice of appeal and a timely motion for

new trial. See Tex. R. App. P. 26.1(a)(1), 26.3; Tex. R. Civ. P. 329b(a). On March 2,

2021, and while it had plenary power, the trial court granted Appellant’s motion for

new trial. See Tex. R. Civ. P. 329b(e).

On March 4, 2021, we informed the parties that the trial court’s new-trial grant

rendered this appeal moot and that the appeal would be dismissed unless any party

desiring to continue the appeal filed a response before March 15. See Tex. R. App. P.

44.3. Neither party has filed a response. Accordingly, we dismiss the appeal. See Tex.

R. App. P. 43.2(f); Wilkins v. Methodist Health Care Sys., 160 S.W.3d 559, 563 (Tex.

2005). The parties shall pay their own incurred costs related to this appeal. See Tex.

R. App. P. 43.4.

Per Curiam

Delivered: March 25, 2021

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Related

Wilkins v. Methodist Health Care System
160 S.W.3d 559 (Texas Supreme Court, 2005)