Opinion
05-23-00081-CV
03-05-2024
WALLY YAMMINE, Appellant v. EPH 2 ASSETS LLC, Appellee
On Appeal from the County Court at Law No. 2 Dallas County, Texas Trial Court Cause No. CC-22-05034-B
ORDER
KEN MOLBERG JUSTICE
We abated this appeal from the trial court's judgment of possession in a forcible detainer suit after appellant informed us he had filed for bankruptcy. By letter filed February 26, 2024, appellant informs us that the bankruptcy case is now closed. Accordingly, pursuant to Texas Rule of Appellate Procedure 8.3, we REINSTATE the appeal. See Tex. R. App. P. 8.3.
In his letter, appellant requests thirty-days to file his brief on the merits. We note, however, that the reporter's record has not been filed, and the deadline for appellant's merits brief has not been triggered. See id. 38.6(a). We further note that we abated the appeal before the clerk's record was filed. The record has since been filed, and from a review of the record, it appears we lack jurisdiction over the appeal. Specifically, it appears the case has become moot. See Olley v. HVM, LLC, 449 S.W.3d 572, 575 (Tex. App.-Houston [14th Dist.] 2014, pet. denied) (appellate courts lack jurisdiction over moot controversies).
The record reflects the judgment granted appellee possession of the premises at issue and further reflects that appellant is no longer in possession of the property. If appellant is no longer in possession of the premises, the appeal and case may be moot. See id.; see also Marshall v. Housing Auth. of City of San Antonio, 198 S.W.3d 782, 787 (Tex. 2006).
So that we may determine the threshold issue of jurisdiction, we ORDER appellant to file, no later than March 15, 2024, a letter brief addressing our concern. Appellee may file any response within ten days of the filing of appellant's letter brief. If either party relies on documents not included in the clerk's record, that party shall have filed a supplemental clerk's record containing those documents.
Until we determine our jurisdiction, the reporter's record need not be filed. We will set a new deadline for the filing of the record should we determine we have jurisdiction. If we determine we lack jurisdiction, we will vacate the county court's judgment and dismiss the case as moot without further notice. See Tex. R. App. P. 42.3(a); Marshall, 198 S.W.3d at 790. We may also dismiss without further notice should appellant fail to file the requested letter brief. See id. 42.3(a),(c).
We DIRECT the Clerk of the Court to send a copy of this order to Robin Washington, Official Court Reporter for County Court at Law No. 2, and the parties.