Shahd Medhat Mahmoud Rafat v. The Gables on McCallum Apartments Appeal from County Court at Law No. 2 of Collin County (memorandum opinion)

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DISMISS and Opinion Filed October 24, 2022 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00335-CV SHAHD MEDHAT MAHMOUD RAFAT, Appellant V. THE GABLES ON MCCALLUM APARTMENTS, Appellee On Appeal from the County Court at Law No. 2 Collin County, Texas Trial Court Cause No. 002-00288-2022 MEMORANDUM OPINION Before Justices Myers, Pedersen, III, and Garcia Opinion by Justice Garcia This is an appeal from the trial court’s final judgement of possession. Because the clerk’s record reflected that the trial court granted a motion for new trial and signed an order granting nonsuit of the underlying cause during its plenary power, but after the appeal was filed, it appeared the appeal was rendered moot. See In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex. 2005) (case becomes moot if controversy ceases to exist between parties at any stage of legal proceedings, including appeal). We requested jurisdictional briefing from appellant. Nat’l Collegiate Athletic Ass’n v. Jones, 1 S.W.3d 83, 86 (Tex. 1999) (appellate courts lack jurisdiction over moot controversies). Although we cautioned that failure to comply within ten days could result in the appeal being dismissed, more than ten days have passed and appellant has not responded. See TEX. R. APP. P. 42.3(a),(c). Accordingly, on the record before us, we dismiss the appeal for want of jurisdiction. See id. 42.3(a). /K. Dennise Garcia/ K. DENNISE GARCIA JUSTICE 220335F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT SHAHD MEDHAT MAHMOUD RAFAT, Appellant No. 05-22-00335-CV On Appeal from the County Court at Law No. 2, Collin County, Texas Trial Court Cause No. 002-002882022. Opinion delivered by Justice Garcia. Justices Myers and Pedersen, III participating. V. THE GABLES ON MCCALLUM APARTMENTS, Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED. Judgment entered October 24, 2022 –3–

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