Lorrie Miller v. Catarina A. Ayala Appeal from 218th Judicial District Court of La Salle County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-22-00191-CV Lorrie MILLER, Appellant v. Catarina A. AYALA, Appellee From the 218th Judicial District Court, La Salle County, Texas Trial Court No. 21-08-00077-CVL Honorable Russell Wilson, Judge Presiding PER CURIAM Sitting: Rebeca C. Martinez, Chief Justice Patricia O. Alvarez, Justice Lori I. Valenzuela, Justice Delivered and Filed: July 13, 2022 DISMISSED FOR LACK OF JURISDICTION On August 2, 2021, appellant filed the underlying suit to enjoin appellee’s August 3, 2021 foreclosure of an interest in real property. On March 24, 2022, the trial court issued an order denying the request for injunction. The order denying the injunction states, “This is a final appealable order that disposes of all claims.” On March 28, 2022, appellant filed a notice of appeal. On June 6, 2022, appellant filed a letter with this court stating, “As of now, I also got evicted in county court, 5 days after district court. I had to relocate & I am just now getting settled in.” Based on appellant’s representations, it appeared the property has been foreclosed on and appellant no 04-22-00191-CV longer holds possession. If so, any judgment issued by this court would have no effect as there is no longer a controversy to resolve. Alsobrook v. MTGLQ Inv’rs, LP, No. 05-20-00400-CV, 2021 WL 4958860, at *2–3 (Tex. App.—Dallas Oct. 26, 2021, pet. filed); see also Moss-Schulze v. EMC Mortg. Corp., 280 S.W.3d 876, 877 (Tex. App.—El Paso 2008, pet. denied) (appeal of foreclosure order mooted by sale of property at issue). Accordingly, on June 8, 2022, we ordered appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction. On June 24, 2022, appellant filed a letter confirming that her home had been foreclosed and she is no longer in possession of it. Accordingly, we dismiss this appeal of the trial court’s order denying appellant’s request to enjoin the foreclosure of an interest in real property for want of jurisdiction. PER CURIAM -2-

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