in the Interest of S.K., H.K., and K.K., Children

• Court: Court of Appeals of Texas
• Decided: August 26, 2021
• Docket: 05-21-00403-CV
• Status: Published

Opinion

Dismissed and Opinion Filed August 26, 2021

In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00403-CV

IN THE INTEREST OF S.K., H.K., AND K.K., CHILDREN

On Appeal from the 469th Judicial District Court Collin County, Texas Trial Court Cause No. 469-50118-2021

MEMORANDUM OPINION Before Justices Molberg, Goldstein, and Smith Opinion by Justice Molberg

We questioned our jurisdiction over this appeal from a default divorce decree

as it appeared to be moot. See Nat’l Collegiate Athletic Ass’n v. Jones, 1 S.W.3d 83,

86 (Tex. 1999) (noting appellate courts are prohibited from deciding moot

controversies). Specifically, no justiciable controversy appeared to exist as the

clerk’s record reflected the trial court had granted a new trial and vacated the decree.

See In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex. 2005) (case

becomes moot if controversy ceases to exist); R.M.O. v. Tex. Dep’t of Family and

Protective Servs., No. 08-14-00067-CV, 2014 WL 2180167 (Tex. App.—El Paso

May 23, 2014, no pet.) (mem. op.) (granting of new trial mooted appeal). Although we directed appellant to file a letter brief addressing our concern and cautioned him

that failure to do so by August 16, 2021 could result in dismissal of the appeal

without further notice, appellant has not responded. See TEX. R. APP. P. 42.3(a), (c).

Accordingly, because the record before us reflects the appeal is moot, it is dismissed.

See id. 42.3(a).

/Ken Molberg// 210403f.p05 KEN MOLBERG JUSTICE

–2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

IN THE INTEREST OF S.K., H.K., On Appeal from the 469th Judicial AND K.K., CHILDREN District Court, Collin County, Texas Trial Court Cause No. 469-50118- No. 05-21-00403-CV 2021. Opinion delivered by Justice Molberg, Justices Goldstein and Smith participating.

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

Judgment entered this 26th day of August, 2021.

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