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Gene Doss Constr. v. Burton Indep.

Court of Appeals of Texas, First District, Houston
May 1, 2003
No. 01-03-00086-CV (Tex. App. May. 1, 2003)

Summary

dismissing appeal for lack of jurisdiction based on mootness upon proof that the judgment being appealed had been fully paid, released, and satisfied

Summary of this case from Rapp v. Mandell & Wright, P.C.

Opinion

No. 01-03-00086-CV

Opinion issued May 1, 2003

On Appeal from the 335th District Court, Washington County, Texas, Trial Court Cause No. 32211

Panel consists of Justices Hedges, Nuchia, and Alcala.


MEMORANDUM OPINION


We have received from a party to the appeal a release and satisfaction of judgment, which shows that the judgment being appealed has been fully paid and satisfied.

The existence of an actual controversy is essential to the exercise of appellate jurisdiction. See Hallmark Personnel of Texas, Inc. v. Franks, 562 S.W.2d 933, 935 (Tex.App.-Houston [1st Dist.] 1978, no writ). Because there is no longer a controversy between the parties, we no longer have jurisdiction over the appeal.

Accordingly, the appeal is dismissed for want of jurisdiction. See Tex.R.App.P. 42.3(a).

It is so ORDERED.


Summaries of

Gene Doss Constr. v. Burton Indep.

Court of Appeals of Texas, First District, Houston
May 1, 2003
No. 01-03-00086-CV (Tex. App. May. 1, 2003)

dismissing appeal for lack of jurisdiction based on mootness upon proof that the judgment being appealed had been fully paid, released, and satisfied

Summary of this case from Rapp v. Mandell & Wright, P.C.
Case details for

Gene Doss Constr. v. Burton Indep.

Case Details

Full title:GENE DOSS CONSTRUCTION INSURANCE CO. OF THE WEST, Appellant v. BURTON…

Court:Court of Appeals of Texas, First District, Houston

Date published: May 1, 2003

Citations

No. 01-03-00086-CV (Tex. App. May. 1, 2003)

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Rapp v. Mandell & Wright, P.C.

Under the circumstances presented here, we hold Rapp cannot maintain an appeal from the monetary-damages…