J & J Container Manufacturing, Inc. v. Cintas- R. U.S., L.P. ( 2015 )


Menu:
  •                                  COURT OF APPEALS FOR THE
    FIRST DISTRICT OF TEXAS AT HOUSTON
    NOTICE OF INTENT TO DISMISS FOR WANT OF JURISDICTION
    Appellate case name:      J & J Container Manufacturing, Inc. v. Cintas- R. U.S., L.P.
    Appellate case number:    01-14-00933-CV
    Trial court case number: 1044425
    Trial court:              County Civil Court at Law No. 3 of Harris County
    The appellee has represented in its appellate brief that appellant has fully paid and
    satisfied the judgment in the underlying case and received a Full and Final Release of Judgment
    and Judgment Lien. When a judgment debtor voluntarily satisfies the judgment, the case
    becomes moot. See Marshall v. Hous. Auth. of City of San Antonio, 
    198 S.W.3d 782
    , 787 (Tex.
    2006); Riner v. Briargrove Park Prop. Owners, Inc., 
    858 S.W.2d 370
    , 370 (Tex. 1993) (citing
    Highland Church of Christ v. Powell, 
    640 S.W.2d 235
    , 236 (Tex. 1982)). This Court cannot
    decide a case that becomes moot during the pendency of the litigation, and must dismiss the
    proceeding for want of jurisdiction. See Heckman v. Williamson Cnty., 
    369 S.W.3d 137
    , 166–67
    (Tex. 2012).
    Accordingly, the Court has directed me to notify you that the Court may dismiss this
    appeal for want of jurisdiction unless you file a written response to this notice, providing a
    detailed explanation, citing relevant portions of the record, statutes, rules, and case law to show
    that this Court has jurisdiction over the appeal. See TEX. R. APP. P. 42.3(a).
    The final deadline to file your response is 5:00 p.m., 10 days from the date of this
    notice. See TEX. R. APP. P. 42.3(a). If a meritorious response is not received in the form
    described above by the deadline, the Court may dismiss the appeal for want of jurisdiction
    without further notice. See 
    id. Clerk’s signature:
    /s/ Christopher A. Prine
    Date: March 24, 2015