Opinion
05-22-00563-CV
07-22-2022
IN THE INTEREST OF O.A.L. AND R.L., MINOR CHILDREN
On Appeal from the 301st Judicial District Court Dallas County, Texas Trial Court Cause No. DF-21-11690
Before Justices Partida-Kipness, Pedersen, III, and Nowell
MEMORANDUM OPINION
ERIN A. NOWELL JUSTICE
This appeal challenges the trial court's December 28, 2021 default decree of divorce. Because the clerk's record reflected the trial court granted a motion for new trial and set aside the divorce decree on June 6, 2022, it appeared the appeal had become moot and we lacked jurisdiction. See Tex. Dep't of Family & Protective Servs., 644 S.W.3d 189, 192 (Tex. 2022) (courts lack subject matter jurisdiction over moot controversies); Jones v. Tex. Dep't of Criminal Justice, 318 S.W.3d 398, 403 n.5 (Tex. App.-Waco 2010, pet. denied) (complaint rendered moot by granting of new trial).
The trial court found appellant did not receive notice of the divorce decree until March 28, 2022. See Tex.R.Civ.P. 306a(4),(5). The motion for new trial was filed March 31, 2022, resulting in the trial court's plenary power being extended to June 13, 2022. See id. 4, 306a(4); 329b(c).
We requested jurisdictional briefing from appellant. Although we cautioned that failure to comply within ten days could result in the appeal being dismissed, more than ten days have passed and appellant has not responded. See Tex. R. App. P. 42.3(a),(c). Accordingly, on the record before us, we dismiss the appeal for want of jurisdiction. See id. 42.3(a).
JUDGMENT
In accordance with this Court's opinion of this date, we DISMISS the appeal.
We ORDER that appellee Alejandrina Lopez recover her costs, if any, of this appeal from appellant Cirilo Lopez.