Shahd Medhat Mahmoud Rafat v. the Gables on McCallum Apartments ( 2022 )

DISMISS and Opinion Filed October 24, 2022
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00335-CV
SHAHD MEDHAT MAHMOUD RAFAT, Appellant
V.
THE GABLES ON MCCALLUM APARTMENTS, Appellee
On Appeal from the County Court at Law No. 2
Collin County, Texas
Trial Court Cause No. 002-00288-2022
MEMORANDUM OPINION
Before Justices Myers, Pedersen, III, and Garcia
Opinion by Justice Garcia
This is an appeal from the trial court’s final judgement of possession. Because
the clerk’s record reflected that the trial court granted a motion for new trial and
signed an order granting nonsuit of the underlying cause during its plenary power,
but after the appeal was filed, it appeared the appeal was rendered moot. See In re
Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex. 2005) (case becomes moot
if controversy ceases to exist between parties at any stage of legal proceedings,
including appeal).
We requested jurisdictional briefing from appellant. Nat’l Collegiate Athletic
Ass’n v. Jones, 1 S.W.3d 83, 86 (Tex. 1999) (appellate courts lack jurisdiction over
moot controversies). Although we cautioned that failure to comply within ten days
could result in the appeal being dismissed, more than ten days have passed and
appellant has not responded. See TEX. R. APP. P. 42.3(a),(c). Accordingly, on the
record before us, we dismiss the appeal for want of jurisdiction. See id. 42.3(a).
/K. Dennise Garcia/
K. DENNISE GARCIA
JUSTICE
220335F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
SHAHD MEDHAT MAHMOUD On Appeal from the County Court at
RAFAT, Appellant Law No. 2, Collin County, Texas
Trial Court Cause No. 002-00288-
No. 05-22-00335-CV V. 2022.
Opinion delivered by Justice Garcia.
THE GABLES ON MCCALLUM Justices Myers and Pedersen, III
APARTMENTS, Appellee participating.
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
Judgment entered October 24, 2022
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