From Casetext: Smarter Legal Research

Tuttle Enters., Inc. v. Truitt

Court of Appeals For The First District of Texas
Apr 22, 2014
NO. 01-13-00664-CV (Tex. App. Apr. 22, 2014)

Summary

dismissing appeal as moot after mediator informed Court of settlement and parties failed to demonstrate that live controversy existed between them

Summary of this case from Frederick Builders & Remodeling, Inc. v. Love

Opinion

NO. 01-13-00664-CV

04-22-2014

TUTTLE ENTERPRISES, INC. D/B/A TUTTLE CONSTRUCTION, WATSON & TAYLOR MANAGEMENT, INC., WATSON & TAYLOR USA SP, LTD., AND WATSON & TAYLOR USA, LLC, Appellants v. RAY TRUITT AND ANNIE TRUITT, Appellees


On Appeal from the 122nd District Court

Galveston County, Texas

Trial Court Case No. 09CV0221


MEMORANDUM OPINION

On February 25, 2014, we received notice from the mediator that the parties had settled all issues in this appeal. On February 26, 2014, the Clerk of the Court notified the parties that, unless, within 15 days of the date of the notice, the parties demonstrated that there was a live controversy between them as to the merits of the appeal, the appeal would be dismissed. See, e.g., Hodrick v. Arena Grp. LP, No. 01-07-00554-CV, 2008 WL 185614, at *1 (Tex. App.—Houston [1st Dist.] Jan. 17, 2008, no pet.) (dismissing appeal as moot when mediator informed Court of settlement and parties failed to demonstrate that live controversy existed between them); see also Valley Baptist Med. Ctr. v. Gonzales, 33 S.W.3d 821, 822 (Tex. 2000) (requiring that actual controversy exist between parties to appeal for appellate court to exercise jurisdiction). No party has filed a response to the notice.

Accordingly, we dismiss the appeal. See TEX. R. APP. P. 42.3. We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Massengale and Huddle.


Summaries of

Tuttle Enters., Inc. v. Truitt

Court of Appeals For The First District of Texas
Apr 22, 2014
NO. 01-13-00664-CV (Tex. App. Apr. 22, 2014)

dismissing appeal as moot after mediator informed Court of settlement and parties failed to demonstrate that live controversy existed between them

Summary of this case from Frederick Builders & Remodeling, Inc. v. Love

dismissing appeal as moot after mediator informed Court of settlement and parties failed to demonstrate that live controversy existed between them

Summary of this case from Carroll v. Discover Bank
Case details for

Tuttle Enters., Inc. v. Truitt

Case Details

Full title:TUTTLE ENTERPRISES, INC. D/B/A TUTTLE CONSTRUCTION, WATSON & TAYLOR…

Court:Court of Appeals For The First District of Texas

Date published: Apr 22, 2014

Citations

NO. 01-13-00664-CV (Tex. App. Apr. 22, 2014)

Citing Cases

Frederick Builders & Remodeling, Inc. v. Love

On March 3, 2020, the Clerk of this Court notified the parties that the appeal might be dismissed unless they…

Carroll v. Discover Bank

On October 4, 2016, the Clerk of this Court notified the parties that the appeal might be dismissed unless…