From Casetext: Smarter Legal Research

Miller v. Ayala

Court of Appeals of Texas, Fourth District, San Antonio
Jun 8, 2022
No. 04-22-00191-CV (Tex. App. Jun. 8, 2022)

Opinion

04-22-00191-CV

06-08-2022

Lorrie MILLER, Appellant v. Catarina A. AYALA, Appellee


From the 218th Judicial District Court, La Salle County, Texas Trial Court No. 21-08-00077-CVL Honorable Russell Wilson, Judge Presiding

Sitting: Rebeca C. Martinez, Chief Justice Patricia O. Alvarez, Justice Lori I. Valenzuela, Justice

ORDER

PER CURIAM

On August 2, 2021, appellant filed the underlying suit to enjoin appellee's August 3, 2021 foreclosure of an interest in real property. On March 24, 2022, the trial court issued an order denying the request for injunction. The order denying the injunction states, "This is a final appealable order that disposes of all claims." On March 28, 2022, appellant filed a notice of appeal.

On June 6, 2022, appellant filed a letter with this court stating, "As of now, I also got evicted in county court, 5 days after district court. I had to relocate & I am just now getting settled in." Based on appellant's representations, it appears the property has been foreclosed on and appellant no longer holds possession. If so, any judgment issued by this court would have no effect as there is no longer a controversy to resolve. Alsobrook v. MTGLQ Inv'rs, LP, No. 05-20-00400-CV, 2021 WL 4958860, at *2-3 (Tex. App.-Dallas Oct. 26, 2021, pet. filed); see also Moss-Schulze v. EMC Mortg. Corp., 280 S.W.3d 876, 877 (Tex. App.-El Paso 2008, pet. denied) (appeal of foreclosure order mooted by sale of property at issue).

Accordingly, we ORDER appellant to show cause in writing no later than June 23, 2021 why this appeal should not be dismissed for lack of jurisdiction. All other appellate deadlines, including the deadline to file appellant's brief, are HELD IN ABEYANCE pending further order of this court.

On May 27, 2022, we ordered appellant to provide written proof to this court no later than June 6, 2022 that either (1) the reporter's fee has been paid or arrangements have been made to pay the reporter's fee; or (2) appellant is entitled to appeal without paying the reporter's fee. Our order cautioned that appellant's brief would be due on June 27, 2022 if appellant failed to respond. On June 6, 2022, appellant filed a response indicating she has reached out to the court reporter to make arrangements but has not received a response.

It is so ORDERED.


Summaries of

Miller v. Ayala

Court of Appeals of Texas, Fourth District, San Antonio
Jun 8, 2022
No. 04-22-00191-CV (Tex. App. Jun. 8, 2022)
Case details for

Miller v. Ayala

Case Details

Full title:Lorrie MILLER, Appellant v. Catarina A. AYALA, Appellee

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Jun 8, 2022

Citations

No. 04-22-00191-CV (Tex. App. Jun. 8, 2022)