TNT Quadrangle Partners, LP v. SRPF B/Quadrangle Property, LLC

Dismiss and Opinion Filed December 2, 2021
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00737-CV
TNT QUADRANGLE PARTNERS, LP, Appellant
V.
SRPF B/QUADRANGLE PROPERTY, LLC, Appellee
On Appeal from the County Court at Law No. 5
Dallas County, Texas
Trial Court Cause No. CC-21-02012-E
MEMORANDUM OPINION
Before Justices Pedersen, III, Goldstein, and Smith
Opinion by Justice Pedersen, III
This appeal follows the trial court’s final judgment of possession. By letter
filed November 2, 2021, appellant has informed the Court that the county court has
granted a new trial in this matter. Because the granting of a new trial moots an
appeal, we directed appellant to file, no later than November 22, 2021, either a
motion to dismiss the appeal or a letter brief showing cause why the appeal should
not be dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a); Nat’l
Collegiate Athletic Ass’n v. Jones, 1 S.W.3d 83, 86 (Tex. 1999) (“Appellate courts
are prohibited from deciding moot controversies.”); Jones v. Tex. Dep’t of Criminal
Justice, 318 S.W.3d 398, 403 n.5 (Tex. App.—Waco 2010, pet. denied) (complaint
rendered moot by granting of motion for new trial). Although we cautioned
appellant that failure to comply could result in dismissal of the appeal without further
notice, appellant has not complied. Accordingly, on the record before us, we dismiss
the appeal. See TEX. R. APP. P. 42.3(a).
/Bill Pedersen, III//
210737f.p05 BILL PEDERSEN, III
JUSTICE
–2–
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
TNT QUADRANGLE PARTNERS, On Appeal from the County Court at
LP, Appellant Law No. 5, Dallas County, Texas
Trial Court Cause No. CC-21-02012-
No. 05-21-00737-CV V. E.
Opinion delivered by Justice
SRPF B/QUADRANGLE Pedersen, III, Justices Goldstein and
PROPERTY, LLC, Appellee Smith participating.
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
We ORDER that appellee SRPF B/Quadrangle Property, LLC recover its
costs, if any, of this appeal from appellant TNT Quadrangle Partners, LP.
Judgment entered this 2nd day of December, 2021.
–3–