COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-15-00161-CV
HARRIS HUGHEY APPELLANT
V.
JAY W. HAND AND DONALD APPELLEES
SHIELDS
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FROM THE 367TH DISTRICT COURT OF DENTON COUNTY
TRIAL COURT NO. 14-08039-367
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MEMORANDUM OPINION 1
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Appellant Harris Hughey filed a notice of appeal on May 8, 2015, appealing
from the trial court’s dismissal of his claims against appellees Jay W. Hand and
Donald Shields. This court was informed by the trial court clerk that the trial
judge had not signed an order in this case. On May 14, 2015, we notified the
parties of our concern that we lacked jurisdiction over this appeal because there
appeared to be no final order. On May 19, 2015, we received a copy of the trial
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See Tex. R. App. P. 47.4.
court’s order granting the appellees’ motion to dismiss that had been filed on
May 18, 2015.
A motion for an award of damages and costs was still pending when the
order on the motion to dismiss was signed. So on May 21, 2015, we notified the
parties of our concern that we lacked jurisdiction over this appeal because the
order on the motion to dismiss did not appear to be a final judgment or an
appealable interlocutory order.
Subsequently, the trial court considered Hughey’s motion for new trial and
request for reconsideration and, upon reconsideration, denied the appellees’
motion to dismiss. Hand then filed a notice of appeal under cause no. 02-15-
00239-CV. On July 9, 2015, we notified the parties that it appeared that this
appeal was now moot.
On July 27, 2015, Hughey filed a motion to dismiss for mootness. On
July 30, 2015, Hand filed a response to Hughey’s motion. Hand stated that
although he did not oppose dismissal of this appeal, he requested that this
appeal be consolidated with his appeal. Because, as Hand concedes, the appeal
under cause no. 02-15-00239-CV will address the parties’ issues, we are of the
opinion that the motion to dismiss should be granted. Accordingly, we dismiss
this appeal as moot. See Tex. R. App. P. 42.1(a)(1), 43.2(f).
PER CURIAM
PANEL: GABRIEL, J.; LIVINGSTON, C.J.; and SUDDERTH, J.
DELIVERED: August 13, 2015
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