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U.S. v. Chen

Court of Appeals of Texas, Fourteenth District, Houston
Nov 30, 2006
No. 14-06-00774-CV (Tex. App. Nov. 30, 2006)

Opinion

No. 14-06-00774-CV.

Opinion filed November 30, 2006.

Appeal from the 152nd District Court Harris County, Texas Trial Court Cause No. 2003-56332.

Panel consists of JUSTICES ANDERSON, HUDSON, and GUZMAN.


MEMORANDUM OPINION


This is an attempted appeal from the judgment nunc pro tunc signed by the trial court on August 2, 2006. Appellant appealed the original judgment in this cause in appellate cause number 14-05-00395-CV. The judgment nunc pro tunc was signed while that appeal was pending. A panel of this court issued an opinion on October 26, 2006, affirming the judgment. U.S. Jin Chen Enterprise, Inc. v. Pi-Chi Chen, No. 14-05-00395-CV, 2006 WL 3040755 (Tex.App.BHouston [14th Dist.] Oct. 26, 2006, no pet. h.). In disposing of this appeal, the court addressed the original judgment, the August 2, 2006, judgment nunc pro tunc, and appellant's objection to the judgment nunc pro tunc. Id. at *2.

If a controversy ceases to exist, the case becomes moot. Williams v. Lara, 52 S.W.3d 171, 184 (Tex. 2001). Generally, an appeal is moot when the court's action on the merits cannot affect the rights of the parties. VE Corp. v. Ernst Young, 860 S.W.2d 83, 84 (Tex. 1993). Here, the controversy between the parties concerning the judgment nunc pro tunc has already been adjudicated in appellate cause number 14-05-00395-CV. Because the appellant's complaints concerning the judgment nunc pro tunc have already been adjudicated, this appeal is moot.

On November 1, 2006, the parties were advised of the court's intention to dismiss the appeal as moot, and the court requested the parties to file responses on or before November 10, 2006, showing meritorious grounds for continuing the appeal. No response was filed.

Because the only issues that could be raised in this appeal are moot, the appeal must be dismissed. See Gen. Land Office v. OXY U.S.A., Inc., 789 S.W.2d 569, 570 (Tex. 1990).

Accordingly, the judgment of the trial court is dismissed.


Summaries of

U.S. v. Chen

Court of Appeals of Texas, Fourteenth District, Houston
Nov 30, 2006
No. 14-06-00774-CV (Tex. App. Nov. 30, 2006)
Case details for

U.S. v. Chen

Case Details

Full title:U.S. JIN CHEN ENTERPRISE, INC., Appellant v. PI-CHI CHEN a/k/a PI-CHEE…

Court:Court of Appeals of Texas, Fourteenth District, Houston

Date published: Nov 30, 2006

Citations

No. 14-06-00774-CV (Tex. App. Nov. 30, 2006)