Pamela Nesbit v. Wells Fargo Bank, N.A., as Trustees

Opinion

DISMISS and Opinion Filed March 23, 2020

S In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-19-01185-CV

PAMELA NESBIT, Appellant

V.

WELLS FARGO BANK, N.A., AS TRUSTEE ON BEHALF OF THE REGISTERED HOLDERS OF FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-

FF8, Appellee

On Appeal from the County Court at Law No. 4 Dallas County, Texas

Trial Court Cause No. CC-19-02580-D

MEMORANDUM OPINION

Before Chief Justice Burns, Justice Whitehill, and Justice Molberg Opinion by Chief Justice Burns

The complained-of order in this appeal was vacated after the appeal was filed.

Because it appeared the appeal had become moot as a result, we directed the parties

to file letter briefs addressing our jurisdiction. See Matthews v. Kountze Indep. Sch.

Dist., 484 S.W.3d 416, 418 (Tex. 2016) (“The mootness doctrine applies to cases in

which a justiciable controversy exists between the parties at the time the case arose,

but the live controversy ceases because of subsequent events.”); See Nat’l Collegiate

Athletic Ass’n v. Jones, 1 S.W.3d 83, 86 (Tex. 1999) (“Appellate courts are

prohibited from deciding moot controversies.”). Although appellant complied,

nothing in her letter brief demonstrates our jurisdiction.1 Accordingly, because no

controversy appears to exist between the parties, we dismiss the appeal. See TEX.

R. APP. P. 42.3(a); Matthews, 484 S.W.3d at 418; Jones, 1 S.W.3d at 86.

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE

191185F.P05

1 Appellee did not respond to appellant’s letter brief, but filed a motion to dismiss based on timeliness.

We address appellee’s motion by separate order.

3

S

Court of Appeals

Fifth District of Texas at Dallas JUDGMENT

PAMELA NESBIT, Appellant On Appeal from the County Court at Law No. 4, Dallas County, Texas No. 05-19-01185-CV V. Trial Court Cause No. CC-19-02580-

D.

WELLS FARGO BANK, N.A., AS Opinion delivered by Chief Justice TRUSTEE ON BEHALF OF THE Burns, Justices Whitehill and REGISTERED HOLDERS OF Molberg participating. FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-FF8, Appellee

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

Judgment entered March 23, 2020.