Tineshia Smith v. Medrick Smith Appeal from 317th District Court of Jefferson County (memorandum opinion per curiam)
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In The Court of Appeals Ninth District of Texas at Beaumont __________________ NO. 09-23-00342-CV __________________ TINESHIA SMITH, Appellant V. MEDRICK SMITH, Appellee __________________________________________________________________ On Appeal from the 317th District Court Jefferson County, Texas Trial Cause No. 23DCFM0834 __________________________________________________________________ MEMORANDUM OPINION On October 30, 2023, the trial court signed a default judgment in a suit for divorce. Tineshia Smith filed a notice of appeal within thirty days of the date on which the trial court signed the final decree of divorce. On November 28, 2023, Tineshia Smith timely filed a motion to set aside the default judgment of divorce. On November 30, 2023, while the trial court had plenary power over its final judgment, the court granted a motion to set aside the final decree of divorce. See Tex. R. Civ. P. 329b(d), (e). 1 We notified the parties that the District Clerk had filed a supplemental clerk’s record that included an order setting aside the appealed judgment and we informed the parties that we would dismiss the appeal unless on or before December 11, 2023, a party filed a written response explaining why the appeal should not be dismissed as moot. The parties did not object or file a response to the Court’s notification. For the reasons explained above, we dismiss the appeal. See Tex. R. App. P. 43.2(f). APPEAL DISMISSED. PER CURIAM Submitted on January 17, 2024 Opinion Delivered January 18, 2024 Before Horton, Johnson and Wright, JJ. 2
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