Opinion
No. 08-09-00015-CV
April 2, 2009.
Appealed from County Court at Law No 5 of Dallas County, Texas, (TC # CC-07-14515-E).
Before CHEW, C.J., McCLURE, and RIVERA, JJ.
MEMORANDUM OPINION
Pending before the Court is Appellant's unopposed motion to dismiss the appeal pursuant to Tex.R.App.P. 42.1(a)(1) because the trial court has vacated the order which Appellant sought to appeal. When the judgment of this Court can have no effect on an existing controversy, a case becomes moot and should be dismissed. See F.D.I.C. v. Nueces County, 886 S.W.2d 766, 767 (Tex. 1994); Restrepo v. First Nat'l Bank of Dona Ana County, New Mexico, 888 S.W.2d 606, 607 (Tex.App. 1994, no writ). We therefore grant the motion and dismiss the appeal. Costs are taxed against Appellant. See Tex.R.App.P. 42.1(d).