Opinion
No. 14-09-00193-CV
Opinion filed June 25, 2009.
On Appeal from the County Civil Court at Law No. 2 Harris County, Texas, Trial Court Cause No. 919040.
Panel consists of Chief Justice HEDGES and Justices YATES and FROST.
MEMORANDUM OPINION
This appeal is from a judgment signed February 13, 2009, in a forcible detainer action. The clerk's record has not been filed. The clerk responsible for preparing the record in this appeal informed the Court appellants did not make arrangements to pay for the record. On May 4, 2009, notification was transmitted to all parties of the Court's intention to dismiss the appeal for want of prosecution unless, within fifteen days, appellants paid or made arrangements to pay for the record and provided this Court with proof of payment. See TEX. R. APP. P. 37.3(b). Appellants have not provided this court with proof of payment for the record.
In addition, on May 29, 2009, appellees notified this Court that appellants have surrendered possession of the real property at issue. Therefore, appellees assert that the issues in this appeal have been rendered moot. See Marshall v. Housing Auth., 198 S.W.3d 782, 787 (Tex. 2006) (holding an appeal from a determination of possession in a forcible detainer action may be rendered moot when the party opposing possession "has no basis for claiming a current right to possession"). In Marshall, the issue of possession was rendered moot because the lease had expired and because appellants presented no other basis for claiming a current, actual right to possession thereafter. See id. at 784.
On June 2, 2009, notification was transmitted to the parties of this court's intention to dismiss the appeal for want of jurisdiction unless appellant filed a response demonstrating this Court's jurisdiction or before June 15, 2009. See TEX. R. APP. P. 42.3(a). No response was filed.
Accordingly, the appeal is ordered dismissed.