Victoria Pinal-Resendiz, Individually and as Next Friend of D.F., a Minor v. Epifania Mares-Salazar

• Court: Court of Appeals of Texas
• Decided: May 25, 2023
• Docket: 05-23-00234-CV
• Status: Published

Opinion

DISMISS and Opinion Filed May 25, 2023

In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00234-CV

VICTORIA PINAL-RESENDIZ, INDIVIDUALLY AND AS NEXT FRIEND OF D.F., A MINOR, Appellant V. EPIFANIA MARES-SALAZAR, Appellee

On Appeal from the 193rd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-17-10140

MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Goldstein Opinion by Chief Justice Burns Appellant appeals from the trial court’s order of dismissal. Because the trial

court granted appellant’s timely motion to reinstate, we questioned our jurisdiction

over the appeal as it appeared to be moot. We directed appellant to file, no later than

April 14, 2023, a letter brief showing cause why the appeal should not be dismissed

and cautioned her that failure to comply may result in dismissal of the appeal without

further notice. As of today’s date, appellant has not responded.

A case becomes moot if a controversy ceases to exist between the parties at

any stage of the proceedings. See In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex. 2005). This Court does not have jurisdiction over moot

controversies. See Isola v. Polk, No. 05-21-00547-CV, 2022 WL 1438946, at *1

(Tex. App.—Dallas May 6, 2022, no pet.) (mem. op.). An appeal becomes moot

after the trial court grants a motion to reinstate. See Mortell v. Pruett, No. 02-19-

00123-CV, 2019 WL 5608236, at *1 (Tex. App.—Fort Worth Oct. 31, 2019, no pet.)

(mem. op.)

Because the trial court granted appellant’s motion to reinstate, there is nothing

for this Court to review and the appeal is now moot. Accordingly, we dismiss the

appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).

/Robert D. Burns, III// 230234f.p05 ROBERT D. BURNS, III CHIEF JUSTICE

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

VICTORIA PINAL-RESENDIZ, On Appeal from the 193rd Judicial INDIVIDUALLY AND AS NEXT District Court, Dallas County, Texas FRIEND OF D.F., A MINOR, Trial Court Cause No. DC-17-10140. Appellant Opinion delivered by Chief Justice Burns. Justices Molberg and No. 05-23-00234-CV V. Goldstein participating.

EPIFANIA MARES-SALAZAR, Appellee

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

It is ORDERED that the parties bear their own costs of this appeal.

Judgment entered this 25th day of May, 2023.

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