in the Interest of C.R.K., a Child

CHIEF JUSTICE LISA MATZ
ROBERT D. BURNS, III CLERK OF THE COURT
(214) 712-3450
JUSTICES theclerk@5th.txcourts.gov
DAVID BRIDGES
LANA MYERS GAYLE HUMPA
ADA BROWN BUSINESS ADMINISTRATOR
BILL WHITEHILL (214) 712-3434
DAVID J. SCHENCK gayle.humpa@5th.txcourts.gov
KEN MOLBERG Court of Appeals
LESLIE OSBORNE FACSIMILE
ROBBIE PARTIDA-KIPNESS Fifth District of Texas at Dallas (214) 745-1083
BILL PEDERSEN, III
600 COMMERCE STREET, SUITE 200
AMANDA L. REICHEK INTERNET
ERIN A. NOWELL DALLAS, TEXAS 75202 WWW.TXCOURTS.GOV/5THCOA.ASPX
CORY L. CARLYLE (214) 712-3400
April 11, 2019
Mr. Earl R. Waddell III
Waddell & Waddell PC
P.O. Box 15
Colleyville, Texas 76034
Mr. William Araiza
Araiza Law
4809 Cole Ave., Suite 260
Dallas, Texas 75205
RE: Court of Appeals Number: 05-19-00261-CV
Trial Court Case Number: 380-50620-2010
Style: In the Interest of C.R.K., A Child
Dear Counsel:
After reviewing the clerk’s record, the Court questions its jurisdiction over this appeal.
Specifically, it appears the case may be moot. See Heckman v. Williamson Cnty., 369 S.W.3d
137, 162 (Tex. 2012) (court must dismiss case that is or becomes moot).
The notice of appeal recites appellant is challenging the trial court’s December 21, 2018
order regarding the transfer of the child’s passport. Under the challenged order, appellant was to
take certain actions by dates that have passed. Therefore, it appears any ruling the Court were to
make cannot affect the parties’ rights or interests, and the case is moot. See id. (case is moot
when trial court’s action on merits cannot affect parties’ rights or interests).
So that the Court may determine the threshold issue of jurisdiction, appellant is directed
to file, no later than April 23, 2019, a letter brief addressing the Court’s concern. Appellee may
file any response within ten days of the filing of appellant’s letter brief. If either party relies on
information not included in the clerk’s record, that party shall have filed a supplemental clerk’s
record containing that information.
Until the Court determines its jurisdiction, appellant’s brief on the merits need not be
filed. A new deadline will be set should the Court determine it has jurisdiction. If the Court
determines it lacks jurisdiction, the Court will dismiss the appeal without further notice. See
TEX. R. APP. P. 42.3(a). The Court may also dismiss the appeal without further notice should
appellant fail to file the requested letter brief. See id. 42.3(a),(c).
Respectfully,
/s/ Lisa Matz, Clerk of the Court
ltr/lp
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