J & J Container Manufacturing, Inc. v. Cintas- R. U.S., L.P.

Opinion

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

NOTICE OF INTENT TO DISMISS FOR WANT OF JURISDICTION

Appellate case name: J & J Container Manufacturing, Inc. v. Cintas- R. U.S., L.P.

Appellate case number: 01-14-00933-CV

Trial court case number: 1044425

Trial court: County Civil Court at Law No. 3 of Harris County

The appellee has represented in its appellate brief that appellant has fully paid and satisfied the judgment in the underlying case and received a Full and Final Release of Judgment and Judgment Lien. When a judgment debtor voluntarily satisfies the judgment, the case becomes moot. See Marshall v. Hous. Auth. of City of San Antonio, 198 S.W.3d 782, 787 (Tex. 2006); Riner v. Briargrove Park Prop. Owners, Inc., 858 S.W.2d 370, 370 (Tex. 1993) (citing Highland Church of Christ v. Powell, 640 S.W.2d 235, 236 (Tex. 1982)). This Court cannot decide a case that becomes moot during the pendency of the litigation, and must dismiss the proceeding for want of jurisdiction. See Heckman v. Williamson Cnty., 369 S.W.3d 137, 166–67 (Tex. 2012).

Accordingly, the Court has directed me to notify you that the Court may dismiss this appeal for want of jurisdiction unless you file a written response to this notice, providing a detailed explanation, citing relevant portions of the record, statutes, rules, and case law to show that this Court has jurisdiction over the appeal. See TEX. R. APP. P. 42.3(a).

The final deadline to file your response is 5:00 p.m., 10 days from the date of this notice. See TEX. R. APP. P. 42.3(a). If a meritorious response is not received in the form described above by the deadline, the Court may dismiss the appeal for want of jurisdiction without further notice. See id.

Clerk’s signature: /s/ Christopher A. Prine

Date: March 24, 2015