Narrative Opinion Summary
In the case of appeal No. 05-22-00335-CV, the appellant contested a final judgment of possession issued by the County Court at Law No. 2 in Collin County, Texas. The proceedings involved a legal dispute between the appellant and the appellee, The Gables on McCallum Apartments. The trial court, acting within its plenary power, granted a motion for a new trial and entered an order for nonsuit after the appeal was initiated. This action rendered the appeal moot under Texas law, as established in the precedent of In re Kellogg Brown & Root, Inc., wherein an appeal is moot if the underlying controversy ceases at any point. The appellate court requested a jurisdictional briefing, warning the appellant that failure to respond within ten days could lead to dismissal. The appellant's non-compliance resulted in the dismissal of the appeal for want of jurisdiction. The judgment was delivered by Justice Garcia, with Justices Myers and Pedersen, III concurring, on October 24, 2022.
Legal Issues Addressed
Jurisdictional Requirements for Appealssubscribe to see similar legal issues
Application: The appellant's failure to respond to the court's request for jurisdictional briefing resulted in the dismissal of the appeal for lack of jurisdiction.
Reasoning: The court requested jurisdictional briefing from the appellant, warning that failure to comply within ten days could result in dismissal of the appeal. As the appellant did not respond within the specified timeframe, the court dismissed the appeal for want of jurisdiction.
Mootness in Appellate Proceedingssubscribe to see similar legal issues
Application: The appeal was dismissed because the trial court's actions rendered the appeal moot; the underlying controversy ceased to exist after a motion for a new trial and an order for nonsuit were granted.
Reasoning: The court noted that the trial court had granted a motion for a new trial and signed an order for nonsuit while still within its plenary power, which occurred after the appeal was initiated, leading to the conclusion that the appeal was rendered moot.