tuttle-enterprises-inc-dba-tuttle-construction-watson-taylor ( 2014 )

Opinion issued April 22, 2014
In The
Court of Appeals
For The
First District of Texas
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NO. 01-13-00664-CV
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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.
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