Kinkesha Betts v. Cody Day Appeal from County Court at Law No. 2 of Dallas County (memorandum opinion)
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Dismissed; Opinion Filed June 4, 2018. In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00082-CV KINKESHA BETTS, Appellant V. CODY DAY, Appellee On Appeal from the County Court at Law No. 2 Dallas County, Texas Trial Court Cause No. CC-17-06264-B MEMORANDUM OPINION Before Justices Lang-Miers, Evans, and Schenck Opinion by Justice Evans By letter dated March 22, 2018, the Court questioned its jurisdiction over the appeal because the trial court had signed an order vacating the judgment. We instructed appellant to file, by April 2, 2018, a letter brief addressing the jurisdictional issue and cautioned her that failure to comply may result in dismissal of the appeal without further notice. As of today’s date, appellant has not complied. In her notice of appeal, appellant states she is appealing the trial court’s January 18, 2018 judgment. However, the trial court signed an order on February 9, 2018 vacating the judgment. A judgment that has been vacated has no legal effect and the matter stands as if there had been no judgment. See Pringle v. Moon, 158 S.W.3d 607, 610 (Tex. App.—Fort Worth 2005, no pet.). Thus, appellant’s appeal is now moot. See In re Gunnstaks, No. 05–07–01289–CV, 2010 WL 22795, at *3 (Tex. App.—Dallas Jan. 6, 2010, no pet.) (mem. op.) (dismissing as moot an appeal from a sanctions order previously vacated by the trial court). Because the trial court signed an order vacating the appealed judgment, we dismiss the appeal. See TEX. R. APP. P. 42.3(a), (c). /David Evans/ DAVID EVANS JUSTICE 180082F.P05 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT KINKESHA BETTS, Appellant No. 05-18-00082-CV On Appeal from the County Court at Law No. 2, Dallas County, Texas Trial Court Cause No. CC-17-06264-B. Opinion delivered by Justice Evans. Justices Lang-Miers and Schenck participating. V. CODY DAY, Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellee CODY DAY recover his costs of this appeal from appellant KINKESHA BETTS. Judgment entered this 4th day of June, 2018. –3–
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