Opinion
No. 05-20-00244-CV
03-30-2021
On Appeal from the 68th Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-19-18302
MEMORANDUM OPINION
Before Justices Schenck, Smith, and Garcia
Opinion by Justice Garcia
After appellant filed her notice of appeal, appellee filed a notice of nonsuit of all its claims. The trial court signed a final order of nonsuit on June 7, 2020 dismissing all claims against appellant.
This appeal was subsequently abated due to appellant's bankruptcy filing. It was reinstated on February 25, 2021. --------
Because appellee's claims against appellant have been dismissed, the Court questioned its jurisdiction over this appeal as it appeared to be moot. See In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex. 2005) (case becomes moot if a controversy ceases to exist between the parties at any stage of the legal proceedings); Olley v. HCM, LLC, 449 S.W.3d 572, 575 (Tex. App.—Houston [14th Dist.] 2014, pet. denied) (appellate courts lack jurisdiction over moot controversies). As requested by the Court, appellant filed a letter brief. She agrees that this appeal should be dismissed. Accordingly, we dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).
/Dennise Garcia/
DENNISE GARCIA
JUSTICE 200244F.P05
JUDGMENT
On Appeal from the 68th Judicial District Court, Dallas County, Texas
Trial Court Cause No. DC-19-18302.
Opinion delivered by Justice Garcia. Justices Schenck and Smith participating.
In accordance with this Court's opinion of this date, the appeal is DISMISSED. Judgment entered March 30, 2021.