Mark Alan Swanson v. Robert Danny Clack, II

Opinion

Opinion issued June 12, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00158-CV ——————————— MARK ALAN SWANSON, Appellant V. ROBERT DANNY CLACK, II, Appellee

On Appeal from the 127th District Court Harris County, Texas Trial Court Case No. 2018-29199

SUPPLEMENTAL MEMORANDUM OPINION

On February 28, 2025, this Court issued an opinion on the merits in this

case, which included a suggestion of remittitur. Robert Danny Clack, II filed a

motion for rehearing. Through post-judgment motions and filings, the parties have informed the Court that they have reached a settlement and that the proceeds of the

settlement have been paid to Clack’s attorney, Nitin Sud.

Because no justiciable controversy remains among the parties to this case,

we conclude that we lack subject-matter jurisdiction. See Electric Reliability

Council of Tex., Inc. v. Panda Power Generation Infrastructure Fund, LLC, 619

S.W.3d 628, 634–35 (Tex. 2021). We vacate our prior judgment of February 28,

2025, and we dismiss this appeal for lack of subject-matter jurisdiction. All

pending motions are dismissed as moot.

Panel consists of Justices Rivas-Molloy, Johnson, and Dokupil.

Justice Johnson, dissenting without opinion.