Harland Colt Woolard v. Jessica Louise Woolard

• Court: Court of Appeals of Texas
• Decided: February 23, 2023
• Docket: 01-23-00019-CV
• Status: Published

Opinion

Opinion issued February 23, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00019-CV ——————————— HARLAND COLT WOOLARD, Appellant V. JESSICA LOUISE WOOLARD, Appellee

On Appeal from the 280th District Court Harris County, Texas Trial Court Case No. 2022-61149

MEMORANDUM OPINION

Appellant, Harland Colt Woolard, filed a notice of appeal from the trial court’s

October 15, 2022 Final Protective Order. On February 8, 2023, appellant filed a

motion to dismiss the appeal, stating that on “January 17, 2023 the [trial court]

granted a new trial,” which was “held on January 31, 2023.” At the conclusion of the new trial, the trial court “dismissed the Final Order in the underlying case,” and

therefore, “there no longer exists a reason to pursue the instant appeal.” Appellant

requests that the Court dismiss the appeal as moot.

No other party has filed a notice of appeal, and no opinion has issued. See

TEX. R. APP. P. 42.1(a)(1), (c). Appellant’s motion does not include a certificate of

conference stating that appellant conferred, or made a reasonable attempt to confer,

with appellee, Jessica Louise Woolard, regarding the relief requested in the motion.

See TEX. R. APP. P. 10.1(a)(5). However, more than ten days have passed, and no

party has expressed opposition to appellant’s motion. See TEX. R. APP. P. 10.3(a)(2).

Accordingly, the Court grants appellant’s motion and dismisses the appeal.

See TEX. R. APP. P. 42.1(a)(1), 43.2(f). We dismiss any other pending motions as

moot.

PER CURIAM Panel consists of Justices Hightower, Rivas-Molloy, and Farris.