William Forssberg v. Lisa Howard

• Court: Court of Appeals of Texas
• Decided: June 27, 2023
• Docket: 01-19-00713-CV
• Status: Published

Opinion

Opinion issued June 27, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-19-00713-CV ——————————— WILLIAM FORSSBERG, Appellant V. LISA HOWARD, Appellee

On Appeal from the 507th District Court Harris County, Texas Trial Court Case No. 2015-75176

MEMORANDUM OPINION

Appellant, William Forssberg, filed a notice of appeal from the trial court’s

August 20, 2019 order in this suit to modify the parent-child relationship. On August

24, 2021, the appeal was abated, and the Court remanded the case to the trial court

to enter findings of fact and conclusions of law. The trial court clerk was directed to prepare a supplemental clerk’s record containing the ordered findings of fact and

conclusions of law on or before September 14, 2021. Despite the Court’s order, no

supplemental clerk’s record was filed.

However, on November 4, 2022, appellee, Lisa Howard, filed an “affidavit”

with the Clerk of this Court representing that she had “received the full amount of

outstanding child support and medical supported arrearages owed” by appellant and

that the parties had entered “into a settlement agreement resolving all pending issues

between the parties.” We construe the affidavit as a motion to dismiss the appeal as

moot.

No other party has filed a notice of appeal, and no opinion has issued. See

TEX. R. APP. P. 42.1(a)(1), (c). The motion does not include a certificate of

conference stating that appellee conferred, or made a reasonable attempt to confer,

with appellant regarding the relief requested in the motion. See TEX. R. APP. P.

10.1(a)(5). However, more than ten days have passed, and no party has expressed

opposition to the motion. See TEX. R. APP. P. 10.3(a)(2).

Accordingly, the Court reinstates the appeal to the Court’s active docket,

grants the motion, and dismisses the appeal as moot. See TEX. R. APP. P. 43.2(f).

We dismiss any other pending motions as moot.

PER CURIAM Panel consists of Chief Justice Adams and Justices Guerra and Farris.