Gary T. Bohnert v. Portfolio Recovery Associates, LLC ( 2014 )

Opinion issued September 25, 2014.
In The
Court of Appeals
For The
First District of Texas
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NO. 01-14-00043-CV
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GARY T. BOHNERT, Appellant
V.
PORTFOLIO RECOVERY ASSOCIATES, LLC, Appellee
On Appeal from the County Civil Court at Law No. 2
Harris County, Texas
Trial Court Case No. 1027830
MEMORANDUM OPINION
On June 5, 2014, appellant, Gary T. Bohnert, representing that the parties
had reached a settlement that has “been consummated by tender and receipt to the
agreed-to settlement amount,” filed a motion to vacate the trial court’s judgment
without regard to the merits and close the appeal. On July 24, 2014, we denied the
motion. See TEX. R. APP. P. 42.1(a)(2); see also TEX. R. APP. P. 10.1(a)(5).
Additionally, we notified the parties that unless, within 14 days of the date of the
order and notice, they demonstrated that there was a live controversy between them
as to the merits of the appeal, the appeal might be dismissed. See, e.g., Hodrick v.
Arena Group LP, No. 01-07-00554-CV, 2008 WL 185614, at *1 (Tex. App.—
Houston [1st Dist.] Jan. 17, 2008, no pet.) (mem. op.) (dismissing appeal as moot
after mediator informed Court of settlement and parties failed to demonstrate that
live controversy existed between them); see also Valley Baptist Med. Ctr. v.
Gonzalez, 33 S.W.3d 821, 822 (Tex. 2000) (requiring existence of actual
controversy between parties to appeal for appellate court to exercise jurisdiction).
No party has responded 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 Justices Higley, Bland, and Sharp.
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