Barry Alexander and Gwen Conkleton v. The Housing Authority of The City of New Boston--Appeal from County Court at Law of Bowie County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-03-00157-CV

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BARRY ALEXANDER AND GWEN CONKLETON, Appellants

V.

THE HOUSING AUTHORITY OF

THE CITY OF NEW BOSTON, Appellee

On Appeal from the County Court at Law

Bowie County, Texas

Trial Court No. 03C1490-CCL

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion Per Curiam

PER CURIAM

The Housing Authority of the City of New Boston, appellee, has filed a motion in which it asks this Court to dismiss the appeal of Barry Alexander and Gwen Conkleton. The Housing Authority states the appellants failed to file a supersedeas bond within ten days of the signing of the judgment, that a writ of possession was issued November 25, 2003, and that Alexander and Conkleton were removed from the premises December 8, 2003. We requested a response from the appellants. They have not responded.

Under the circumstances as set out, this Court cannot grant effectual relief and there remains no justiciable issue for us to review. Kemper v. Stonegate Manor Apartments, Ltd., 29 S.W.3d 362, 363 (Tex. App. Beaumont 2000, pet. dism'd w.o.j.).

We dismiss the appeal.

BY THE COURT

Date Submitted: March 8, 2004

Date Decided: March 9, 2004