TNT Quadrangle Partners, LP v. SRPF B/Quadrangle Property, LLC

• Court: Court of Appeals of Texas
• Decided: December 2, 2021
• Docket: 05-21-00737-CV
• Status: Published

Opinion

Dismiss and Opinion Filed December 2, 2021

In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00737-CV

TNT QUADRANGLE PARTNERS, LP, Appellant V. SRPF B/QUADRANGLE PROPERTY, LLC, Appellee

On Appeal from the County Court at Law No. 5 Dallas County, Texas Trial Court Cause No. CC-21-02012-E

MEMORANDUM OPINION Before Justices Pedersen, III, Goldstein, and Smith Opinion by Justice Pedersen, III This appeal follows the trial court’s final judgment of possession. By letter

filed November 2, 2021, appellant has informed the Court that the county court has

granted a new trial in this matter. Because the granting of a new trial moots an

appeal, we directed appellant to file, no later than November 22, 2021, either a

motion to dismiss the appeal or a letter brief showing cause why the appeal should

not be dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a); Nat’l

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

are prohibited from deciding moot controversies.”); Jones v. Tex. Dep’t of Criminal

Justice, 318 S.W.3d 398, 403 n.5 (Tex. App.—Waco 2010, pet. denied) (complaint rendered moot by granting of motion for new trial). Although we cautioned

appellant that failure to comply could result in dismissal of the appeal without further

notice, appellant has not complied. Accordingly, on the record before us, we dismiss

the appeal. See TEX. R. APP. P. 42.3(a).

/Bill Pedersen, III// 210737f.p05 BILL PEDERSEN, III JUSTICE

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

TNT QUADRANGLE PARTNERS, On Appeal from the County Court at LP, Appellant Law No. 5, Dallas County, Texas Trial Court Cause No. CC-21-02012- No. 05-21-00737-CV V. E. Opinion delivered by Justice SRPF B/QUADRANGLE Pedersen, III, Justices Goldstein and PROPERTY, LLC, Appellee Smith participating.

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

We ORDER that appellee SRPF B/Quadrangle Property, LLC recover its costs, if any, of this appeal from appellant TNT Quadrangle Partners, LP.

Judgment entered this 2nd day of December, 2021.

–3–