Opinion
No. 05-19-01185-CV
03-23-2020
PAMELA NESBIT, Appellant v. WELLS FARGO BANK, N.A., AS TRUSTEE ON BEHALF OF THE REGISTERED HOLDERS OF FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-FF8, Appellee
On Appeal from the County Court at Law No. 4 Dallas County, Texas
Trial Court Cause No. CC-19-02580-D
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Whitehill, and Justice Molberg
Opinion by Chief Justice Burns
The complained-of order in this appeal was vacated after the appeal was filed. Because it appeared the appeal had become moot as a result, we directed the parties to file letter briefs addressing our jurisdiction. See Matthews v. Kountze Indep. Sch. Dist., 484 S.W.3d 416, 418 (Tex. 2016) ("The mootness doctrine applies to cases in which a justiciable controversy exists between the parties at the time the case arose, but the live controversy ceases because of subsequent events."); See Nat'l Collegiate Athletic Ass'n v. Jones, 1 S.W.3d 83, 86 (Tex. 1999) ("Appellate courts are prohibited from deciding moot controversies."). Although appellant complied, nothing in her letter brief demonstrates our jurisdiction. Accordingly, because no controversy appears to exist between the parties, we dismiss the appeal. See TEX. R. APP. P. 42.3(a); Matthews, 484 S.W.3d at 418; Jones, 1 S.W.3d at 86.
Appellee did not respond to appellant's letter brief, but filed a motion to dismiss based on timeliness. We address appellee's motion by separate order.
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE 191185F.P05
JUDGMENT
On Appeal from the County Court at Law No. 4, Dallas County, Texas
Trial Court Cause No. CC-19-02580-D.
Opinion delivered by Chief Justice Burns, Justices Whitehill and Molberg participating.
In accordance with this Court's opinion of this date, we DISMISS the appeal. Judgment entered March 23, 2020.