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Gardner v. Capps

Court of Appeals of Texas, Tenth District
Aug 10, 2022
No. 10-21-00067-CV (Tex. App. Aug. 10, 2022)

Opinion

10-21-00067-CV

08-10-2022

SHARLOTTE WADE GARDNER, Appellant v. CURTIS CAPPS, Appellee


From the 361st District Court Brazos County, Texas Trial Court No. 19-002945-CV-361

Before Chief Justice Gray, Justice Johnson, and Justice Rose

The Honorable Jeff Rose, Former Chief Justice of the Third Court of Appeals, sitting by assignment of the Chief Justice of the Texas Supreme Court. See Tex. Gov't Code §§ 74.003, 75.002, 75.003.

MEMORANDUM OPINION

TOM GRAY CHIEF JUSTICE

Sharlotte Wade Gardner appealed the trial court's Decree Ordering Partition and Appointing Commissioners. By a notice, received and filed on June 30, 2022, the Court was advised that the issues on appeal between the parties had become moot pursuant to a settlement in which the ownership of the disputed interest in real property had been conveyed to the other party.

The Court has no jurisdiction over moot issues. See e.g. Heckman v. Williamson Cty., 369 S.W.3d 137, 162 (Tex. 2012) ("If a case is or becomes moot, the court must vacate any order or judgment previously issued and dismiss the case for want of jurisdiction."). Gardner was warned by the Clerk of this Court in a letter dated July 18, 2022, that the appeal would be dismissed as moot unless, within 14 days from the date of the letter, Gardner filed a response showing grounds for continuing the appeal.

More than 14 days have passed, and Gardner has not responded. Accordingly, this appeal is dismissed.

Appeal dismissed


Summaries of

Gardner v. Capps

Court of Appeals of Texas, Tenth District
Aug 10, 2022
No. 10-21-00067-CV (Tex. App. Aug. 10, 2022)
Case details for

Gardner v. Capps

Case Details

Full title:SHARLOTTE WADE GARDNER, Appellant v. CURTIS CAPPS, Appellee

Court:Court of Appeals of Texas, Tenth District

Date published: Aug 10, 2022

Citations

No. 10-21-00067-CV (Tex. App. Aug. 10, 2022)