Cyndi Dunn v. Weingarten Realty Investors ( 2010 )

Opinion issued July 1, 2010

In The

Court of Appeals

For The

First District of Texas

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NO. 01-10-00190-CV

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CYNDI DUNN, Appellant

V.

WEINGARTEN REALTY INVESTORS, Appellee

On Appeal from the 190th District Court

Harris County, Texas

Trial Court Case No. 2009-73870

MEMORANDUM OPINION

          Appellant, Cyndi Dunn, has filed with this Court a letter advising that the trial court on its own motion has set aside the default judgment appealed from and now there is no need to appeal.  The Clerk of this Court then notified appellant that unless appellant, within 10 days of the date of the notice, responded in writing to demonstrate that there is a live controversy between the parties, the Court would dismiss the appeal.  The 10 days have passed, and appellant has not responded to the notice.

          We conclude that there is no live controversy between the parties. Accordingly, we dismiss the appeal for want of jurisdiction.  See Tex. R. App. P. 42.3(a) (after giving 10 days notice to all parties, appellate court may dismiss the appeal if appeal is subject to dismissal for want of jurisdiction); Valley Baptist Med. Ctr. v. Gonzales, 33 S.W.3d 821, 822 (Tex. 2000) (when there ceases to be live controversy between the parties to appeal appellate court loses jurisdiction because under Texas Constitution article II, section 1, courts have no jurisdiction to issue advisory opinions).

PER CURIAM

Panel consists of Justices Jennings, Alcala, and Massengale.