in the Interest of S.K., H.K., and K.K., Children ( 2021 )

Dismissed and Opinion Filed August 26, 2021
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00403-CV
IN THE INTEREST OF S.K., H.K., AND K.K., CHILDREN
On Appeal from the 469th Judicial District Court
Collin County, Texas
Trial Court Cause No. 469-50118-2021
MEMORANDUM OPINION
Before Justices Molberg, Goldstein, and Smith
Opinion by Justice Molberg
We questioned our jurisdiction over this appeal from a default divorce decree
as it appeared to be moot. See Nat’l Collegiate Athletic Ass’n v. Jones, 1 S.W.3d 83,
86 (Tex. 1999) (noting appellate courts are prohibited from deciding moot
controversies). Specifically, no justiciable controversy appeared to exist as the
clerk’s record reflected the trial court had granted a new trial and vacated the decree.
See In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex. 2005) (case
becomes moot if controversy ceases to exist); R.M.O. v. Tex. Dep’t of Family and
Protective Servs., No. 08-14-00067-CV, 2014 WL 2180167 (Tex. App.—El Paso
May 23, 2014, no pet.) (mem. op.) (granting of new trial mooted appeal). Although
we directed appellant to file a letter brief addressing our concern and cautioned him
that failure to do so by August 16, 2021 could result in dismissal of the appeal
without further notice, appellant has not responded. See TEX. R. APP. P. 42.3(a), (c).
Accordingly, because the record before us reflects the appeal is moot, it is dismissed.
See id. 42.3(a).
/Ken Molberg//
210403f.p05 KEN MOLBERG
JUSTICE
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
IN THE INTEREST OF S.K., H.K., On Appeal from the 469th Judicial
AND K.K., CHILDREN District Court, Collin County, Texas
Trial Court Cause No. 469-50118-
No. 05-21-00403-CV 2021.
Opinion delivered by Justice
Molberg, Justices Goldstein and
Smith participating.
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
Judgment entered this 26th day of August, 2021.
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