Shahd Medhat Mahmoud Rafat v. the Gables on McCallum Apartments

• Court: Court of Appeals of Texas
• Decided: October 24, 2022
• Docket: 05-22-00335-CV
• Status: Published

Opinion

DISMISS and Opinion Filed October 24, 2022

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00335-CV

SHAHD MEDHAT MAHMOUD RAFAT, Appellant V. THE GABLES ON MCCALLUM APARTMENTS, Appellee

On Appeal from the County Court at Law No. 2 Collin County, Texas Trial Court Cause No. 002-00288-2022

MEMORANDUM OPINION Before Justices Myers, Pedersen, III, and Garcia Opinion by Justice Garcia This is an appeal from the trial court’s final judgement of possession. Because

the clerk’s record reflected that the trial court granted a motion for new trial and

signed an order granting nonsuit of the underlying cause during its plenary power,

but after the appeal was filed, it appeared the appeal was rendered moot. See In re

Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex. 2005) (case becomes moot

if controversy ceases to exist between parties at any stage of legal proceedings,

including appeal). We requested jurisdictional briefing from appellant. Nat’l Collegiate Athletic

Ass’n v. Jones, 1 S.W.3d 83, 86 (Tex. 1999) (appellate courts lack jurisdiction over

moot controversies). Although we cautioned that failure to comply within ten days

could result in the appeal being dismissed, more than ten days have passed and

appellant has not responded. See TEX. R. APP. P. 42.3(a),(c). Accordingly, on the

record before us, we dismiss the appeal for want of jurisdiction. See id. 42.3(a).

/K. Dennise Garcia/ K. DENNISE GARCIA JUSTICE

220335F.P05

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

SHAHD MEDHAT MAHMOUD On Appeal from the County Court at RAFAT, Appellant Law No. 2, Collin County, Texas Trial Court Cause No. 002-00288- No. 05-22-00335-CV V. 2022. Opinion delivered by Justice Garcia. THE GABLES ON MCCALLUM Justices Myers and Pedersen, III APARTMENTS, Appellee participating.

In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

Judgment entered October 24, 2022

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