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In re S.K.

Court of Appeals of Texas, Fifth District, Dallas
Aug 26, 2021
No. 05-21-00403-CV (Tex. App. Aug. 26, 2021)

Opinion

05-21-00403-CV

08-26-2021

IN THE INTEREST OF S.K., H.K., AND K.K., CHILDREN


On Appeal from the 469th Judicial District Court Collin County, Texas Trial Court Cause No. 469-50118-2021

Before Justices Molberg, Goldstein, and Smith

MEMORANDUM OPINION

KEN MOLBERG JUSTICE

We questioned our jurisdiction over this appeal from a default divorce decree as it appeared to be moot. See Nat'l Collegiate Athletic Ass'n v. Jones, 1 S.W.3d 83, 86 (Tex. 1999) (noting appellate courts are prohibited from deciding moot controversies). Specifically, no justiciable controversy appeared to exist as the clerk's record reflected the trial court had granted a new trial and vacated the decree. See In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex. 2005) (case becomes moot if controversy ceases to exist); R.M.O. v. Tex. Dep't of Family and Protective Servs., No. 08-14-00067-CV, 2014 WL 2180167 (Tex. App.-El Paso May 23, 2014, no pet.) (mem. op.) (granting of new trial mooted appeal). Although we directed appellant to file a letter brief addressing our concern and cautioned him that failure to do so by August 16, 2021 could result in dismissal of the appeal without further notice, appellant has not responded. See TEX. R. APP. P. 42.3(a), (c). Accordingly, because the record before us reflects the appeal is moot, it is dismissed. See id. 42.3(a).

JUDGMENT

In accordance with this Court's opinion of this date, we DISMISS the appeal.


Summaries of

In re S.K.

Court of Appeals of Texas, Fifth District, Dallas
Aug 26, 2021
No. 05-21-00403-CV (Tex. App. Aug. 26, 2021)
Case details for

In re S.K.

Case Details

Full title:IN THE INTEREST OF S.K., H.K., AND K.K., CHILDREN

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Aug 26, 2021

Citations

No. 05-21-00403-CV (Tex. App. Aug. 26, 2021)