Opinion
No. 05-18-01148-CV
05-23-2019
AMVETS POST 22 AUXILIARY, Appellant v. AMVETS DEPARTMENT OF TEXAS FOUNDATION, Appellee
On Appeal from the County Court at Law No. 5 Dallas County, Texas
Trial Court Cause No. CC-18-04759-E
MEMORANDUM OPINION
Before Justices Schenck, Osborne, and Reichek
Opinion by Justice Schenck
This is an appeal from the trial court's judgment finding appellant guilty of forcible detainer. After a review of the clerk's record revealed the judgment had been superseded during the trial court's plenary power by an order dismissing the case for want of jurisdiction, we questioned our jurisdiction over the appeal as the appeal appeared to have become moot. See Williams v. Lara, 52 S.W.3d 171, 184 (Tex. 2001) (case becomes moot if controversy ceases to exist). We directed appellant to file a letter brief addressing our concern and cautioned appellant that failure to comply could result in dismissal of the appeal without further notice. See TEX. R. APP. P. 42.3(a),(c). More than ten days have passed and appellant has not responded. Accordingly, we dismiss the appeal. See id. 42.3(a),(c).
/David J. Schenck/
DAVID J. SCHENCK
JUSTICE 181148F.P05
JUDGMENT
On Appeal from the County Court at Law No. 5, Dallas County, Texas
Trial Court Cause No. CC-18-04759-E.
Opinion delivered by Justice Schenck, Justices Osborne and Reichek participating.
In accordance with this Court's opinion of this date, we DISMISS the appeal.
We ORDER appellee AMVETS Department of Texas Foundation recover its costs, if any, of this appeal from appellant AMVETS Post 22 Auxiliary. Judgment entered this 23rd day of May 2019.