William Forssberg v. Lisa Howard

Opinion

Opinion issued June 27, 2023

In The

Court of Appeals

For The

First District of Texas

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.

Footnotes

1. 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