Wilson, Dorothy, Ind, & Next of Friend of Victor Wilson & Administratrix of Estate of Victor Wilson v. National Vinegar Co. ( 2002 )

Opinion issued June 13, 2002

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-01-01155-CV

____________

DOROTHY WILSON, INDIVIDUALLY, DOROTHY WILSON, AS NEXT FRIEND OF VICTOR WILSON AND DOROTHY WILSON, AS ADMINISTRATRIX OF THE ESTATE OF VICTOR WILSON, Appellant

V.

BILLY LIDE, INDIVIDUALLY AND D/B/A LIDE TANK COMPANY, BOBBY LIDE, INDIVIDUALLY AND D/B/A LIDE TANK COMPANY, AND LIDE TANK COMPANY, Appellees

****

ANGEL OLGUIN, Appellant

V.

BILLY LIDE, INDIVIDUALLY AND D/B/A LIDE TANK COMPANY, BOBBY LIDE, INDIVIDUALLY AND D/B/A LIDE TANK COMPANY, AND LIDE TANK COMPANY, Appellees

****

TRAVELERS INDEMNITY COMPANY AND ITS SUBSIDIARIES, Appellants

V.

BILLY LIDE, INDIVIDUALLY AND D/B/A LIDE TANK COMPANY, BOBBY LIDE, INDIVIDUALLY AND D/B/A LIDE TANK COMPANY, AND LIDE TANK COMPANY, Appellees

---

On Appeal from the 165th District Court

Harris County, Texas

Trial Court Cause No. 98-47398

---

O P I N I O N  

According to information provided by the trial court clerk, this is an appeal from a summary judgment signed on March 29, 2000. Three groups of appellants filed notices of appeal in April 2000. This appeal was not assigned to this Court until November 27, 2001. See Tex. Gov't Code Ann. § 22.202(h) (Vernon 1988). No record has been filed. In a March 7, 2002 letter, the trial court clerk advised this Court:

There is no longer anything in this case to appeal. We have been unable to contact the attorney. We contacted Jesse in your Court in January as to how we should proceed on this matter, but we have received no instruction as of yet.

Only appellant Wilson has paid the appellate filing fee of $125. Only appellant Wilson has filed a motion to dismiss, which states there is no longer an issue in controversy between the parties and the case is moot.  

On April 25, 2002, the Court issued an order stating in pertinent part that unless, within 30 days of the date of the order, the parties to the appeal demonstrated that there was a live controversy among them as to the merits of the appeal, the appeal would be dismissed. The existence of an actual controversy is essential to the exercise of appellate jurisdiction. See Hallmark Personnel of Texas, Inc. v. Franks, 562 S.W.2d 933, 935 (Tex. App. -Houston [1st Dist.] 1978, no writ).

No appellant has responded to this Court's order of April 25, 2002. Accordingly, the appeal is dismissed as moot. We no longer have jurisdiction over the appeal.

Those appellants who have not paid the filing fee of $125 are ordered to do so within 10 days of the date of this opinion.

  PER CURIAM

Panel consists of Justices Mirabal, Taft and Smith. ⁽¹⁾

Do not publish. Tex. R. App. P. 47.

1. The Honorable Jackson B. Smith, Jr., retired Justice, Court of Appeals, First District of Texas at Houston, participating by assignment.