AMVETS Post 22 v. AMVETS Dept of Texas Foundation

DISMISS; and Opinion Filed May 23, 2019.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-01148-CV
AMVETS POST 22 AUXILIARY, Appellant
V.
AMVETS DEPARTMENT OF TEXAS FOUNDATION, Appellee
On Appeal from the County Court at Law No. 5
Dallas County, Texas
Trial Court Cause No. CC-18-04759-E
MEMORANDUM OPINION
Before Justices Schenck, Osborne, and Reichek
Opinion by Justice Schenck
This is an appeal from the trial court’s judgment finding appellant guilty of forcible
detainer. After a review of the clerk’s record revealed the judgment had been superseded during
the trial court’s plenary power by an order dismissing the case for want of jurisdiction, we
questioned our jurisdiction over the appeal as the appeal appeared to have become moot. See
Williams v. Lara, 52 S.W.3d 171, 184 (Tex. 2001) (case becomes moot if controversy ceases to
exist). We directed appellant to file a letter brief addressing our concern and cautioned appellant
that failure to comply could result in dismissal of the appeal without further notice. See TEX. R.
APP. P. 42.3(a),(c). More than ten days have passed and appellant has not responded. Accordingly,
we dismiss the appeal. See id. 42.3(a),(c).
/David J. Schenck/
181148F.P05 DAVID J. SCHENCK
JUSTICE
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
AMVETS POST 22 AUXILIARY, On Appeal from the County Court at Law
Appellant No. 5, Dallas County, Texas
Trial Court Cause No. CC-18-04759-E.
No. 05-18-01148-CV V. Opinion delivered by Justice Schenck,
Justices Osborne and Reichek participating.
AMVETS DEPARTMENT OF TEXAS
FOUNDATION, Appellee
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
We ORDER appellee AMVETS Department of Texas Foundation recover its costs, if any,
of this appeal from appellant AMVETS Post 22 Auxiliary.
Judgment entered this 23rd day of May 2019.
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