Cliff Hodrick D/B/A Cash Now Houston v. the Arena Group, LP ( 2008 )

Opinion issued January 17, 2008

In The

Court of Appeals

For The

First District of Texas

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NO. 01-07-00554-CV

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CLIFF HODRICK D/B/A CASH NOW HOUSTON, Appellant

V.

THE ARENA GROUP LP, Appellee

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On Appeal from the County Civil Court at Law No. 4

Harris County, Texas

Trial Court Cause No. 874223

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MEMORANDUM OPINION

On March 26, 2007, we received from the mediator a copy of the settlement agreement. On December 14, 2007, the Clerk of the Court sent a letter to the parties advising that unless, within 15 days of the date of the letter, the parties demonstrated that there was a live controversy between them as to the merits of the appeal, the appeal would be referred to the Court for dismissal for mootness. The 15 days have passed and no one has filed a response to our December 14, 2007 letter.

Because the parties have not demonstrated that there is a live controversy between them as to the merits of this appeal, we dismiss the appeal as moot. See Hallmark Personnel of Texas, Inc. v. Franks, 562 S.W.2d 933, 935 (Tex. App. -Houston [1st Dist.] 1978, no writ) (existence of actual controversy is essential to exercise of appellate jurisdiction).

PER CURIAM

Panel consists of Justices Taft, Keyes, and Alcala.