Opinion
04-23-00314-CV
02-08-2024
Abelardo G. GONZALEZ, Appellant v. Rosalinda GONZALEZ, Appellee
From the 406th Judicial District Court, Webb County, Texas Trial Court No. 2022CVG001209D4 Honorable Lisa Jarrett, Judge Presiding
ORDER
LUZ ELENA D. CHAPA, JUSTICE
On January 3, 2024, we ordered appellee Rosalinda Gonzalez to file by January 16, 2024 an appellee's brief and a written response stating a reasonable explanation for failing to timely file the brief. In our order, we explained appellant Abelardo G. Gonzalez had filed his appellant's brief on November 27, 2023, making her brief originally due by December 27, 2023.
Appellee did not file a brief or response. Instead, on January 29, 2024, appellee filed a motion to dismiss with prejudice followed by a second amended motion to dismiss with prejudice. In the motion, appellee references an emergency motion granting a stay this court issued on January 10, 2024 in Cause No. 04-24-00010-CV, In re Abelardo G. Gonzalez, and states she was not aware a petition for writ of injunction and emergency motion had been filed. Appellee further states the subject property at issue in this appeal (Cause No. 04-23-00314-CV) and the related original proceeding (Cause No. 04-24-00010-CV) was sold last year after the trial court dismissed the underlying case on March 23, 2023.
Based on the foregoing, we invite the parties to file by February 20, 2024 documentation evidencing whether the property has been sold to allow this court to assess whether we have jurisdiction over the pending appeal. See Dominguez v. Dominguez, 583 S.W.3d 365, 372 (Tex. App.-El Paso 2019, pet. denied) (indicating sale of property at issue can render issues relating to property in trespass to try title suit moot).