Rudy Martinez v. Raymond Howard

Opinion issued June 25, 2009









In The

Court of Appeals

For The

First District of Texas





NO. 010800917CV





RUDY MARTINEZ, Appellant


V.


RAYMOND HOWARD, Appellee





On Appeal from the 133rd District Court

Harris County, Texas

Trial Court Cause No. 2008-47165





MEMORANDUM OPINIONAppellant has given notice of appeal of an interlocutory order, signed by the trial court on October 20, 2008, sustaining a contest to his pretrial affidavit of indigence. On April 27, 2009, this Court issued a notice advising appellant that subsequently, on March 25, 2009, the trial court signed a final judgment dismissing the case for want of prosecution, that appellant had not filed a notice of appeal of that judgment, that it appeared that appellant’s appeal of the interlocutory order had become moot, and that his appeal was subject to dismissal unless within 15 days of the notice, he filed a written response to the notice showing why the appeal is not moot. Appellant has not responded to the notice.

          We dismiss the appeal for want of jurisdiction as moot. All pending motions are denied.

PER CURIAM

Panel consists of Justices Jennings, Alcala, and Higley.