Opinion
No. 05-19-01442-CV
05-11-2020
RENE HERRERA, Appellant v. ARVM 5, LLC, Appellee
On Appeal from the County Court at Law No. 2 Dallas County, Texas
Trial Court Cause No. CC-18-05361-B
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Molberg, and Justice Nowell
Opinion by Chief Justice Burns
Appellant appeals from a judgment awarding possession of property to appellee. The Court questioned its jurisdiction over this appeal because it appeared the issue of possession had become moot. We directed appellant to file, by March 9, 2020, a letter brief addressing the jurisdictional issue and cautioned her that failure to comply may result in dismissal of the appeal without further notice. As of today's date, appellant has not responded.
An appellate court lacks jurisdiction over moot controversies. See Olley v. HVM, LLC, 449 S.W.3d 572, 575 (Tex. App.—Houston [14th Dist.] 2014, pet. denied). Possession of the property was the sole issue in the underlying case. The clerk's record reflects a writ of possession was served on appellant on November 12, 2019. Appellant did not file a letter brief addressing our concern. Accordingly, we conclude appellant has failed to demonstrate that the appeal is not moot. We dismiss the appeal for want of jurisdiction. See id; TEX. R. APP. P. 42.3(a).
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE 191442F.P05
JUDGMENT
On Appeal from the County Court at Law No. 2, Dallas County, Texas
Trial Court Cause No. CC-18-05361-B.
Opinion delivered by Chief Justice Burns. Justices Molberg and Nowell participating.
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee ARVM 5, LLC recover its costs of this appeal from appellant RENE HERRERA. Judgment entered May 11, 2020