Opinion
02-23-00138-CV
12-19-2024
OLD WEST CAPITAL CO., Appellant v. NEDRA JACKSON, Appellee
On Appeal from County Court at Law No. 1 Tarrant County, Texas Trial Court No. 2022-005868-1
Before Bassel, Wallach, and Walker, JJ.
MEMORANDUM OPINION
Dabney Bassel Justice.
Appellant, Old West Capital Co., filed a notice of appeal from the trial court's order dissolving a writ of garnishment in trial-court cause number 2022-005868-1, which writ had been based on a prior judgment against appellee Nedra Jackson in trial-court cause number 2006-048194-1. On November 15, 2024, this court notified Old West that it had come to the court's attention that in yet another related trial-court cause number, 2022-007502-1, the trial court (1) granted a bill of review in cause number 2006-048194-1 and (2) ordered garnished funds held in the trial court's registry to be released immediately to Jackson. We stated that it appeared that ruling mooted this appeal from the trial court's order dissolving a writ of garnishment based on the now-vacated judgment in trial-court cause number 2006-048194-1. And we warned that unless Old West or any party desiring to continue the appeal filed with the court, on or before Monday, November 25, 2024, a response showing grounds for continuing the appeal, it could be dismissed for want of jurisdiction. See Tex. R. App. P. 42.3(a), 44.3.
We have not received a response to our jurisdictional inquiry letter. Because the dissolved garnishment order appealed in this case was predicated on the now-vacated judgment in trial-court cause number 2006-048194-1, we dismiss this appeal as moot. See Tex. R. App. P. 42.3(a); Elec. Reliability Council of Tex., Inc. v. Panda Power Generation Infrastructure Fund, LLC, 619 S.W.3d 628, 634-35 (Tex. 2021) (noting that case becomes moot when "(1) a justiciable controversy no longer exists between the parties, (2) the parties no longer have a legally cognizable interest in the case's outcome, (3) the court can no longer grant the requested relief or otherwise affect the parties' rights or interests, or (4) any decision would constitute an impermissible advisory opinion"); see also Tex. Civ. Prac. & Rem. Code Ann. § 63.001(3) (providing that writ of garnishment is available to plaintiff with "valid, subsisting judgment").