Opinion
No. 01-10-00190-CV
Opinion issued July 1, 2010.
On Appeal from the 190th District Court Harris County, Texas, Trial Court Case No. 2009-73870.
Panel consists of Justices JENNINGS, ALCALA, and MASSENGALE.
MEMORANDUM OPINION
Appellant, Cyndi Dunn, has filed with this Court a letter advising that the trial court on its own motion has set aside the default judgment appealed from and now there is no need to appeal. The Clerk of this Court then notified appellant that unless appellant, within 10 days of the date of the notice, responded in writing to demonstrate that there is a live controversy between the parties, the Court would dismiss the appeal. The 10 days have passed, and appellant has not responded to the notice.
We conclude that there is no live controversy between the parties. Accordingly, we dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a) (after giving 10 days notice to all parties, appellate court may dismiss the appeal if appeal is subject to dismissal for want of jurisdiction); Valley Baptist Med. Ctr. v. Gonzales, 33 S.W.3d 821, 822 (Tex. 2000) (when there ceases to be live controversy between the parties to appeal appellate court loses jurisdiction because under Texas Constitution article II, section 1, courts have no jurisdiction to issue advisory opinions).