Order entered April 16, 2014
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00016-CV
NANCY RANGEL AND ALL OTHER OCCUPANTS OF
2808 SAN MARCUS AVE., DALLAS, TEXAS 75228, Appellant
V.
MCMACKIN BEAM REVOCABLE TRUST, LESLIE BEAM, TRUSTEE, Appellee
On Appeal from the County Court at Law No. 2
Dallas County, Texas
Trial Court Cause No. CC-13-05738-B
ORDER
Before the Court is appellee’s April 2, 2014 amended motion to dismiss the appeal.
Appellants are appealing the trial court’s judgment in a forcible detainer action awarding
possession of the property, unpaid rent, and attorney’s fees to appellee. Appellee seeks to
dismiss the appeal because it now has possession of the property. Although the issue of
possession is now moot, the award of unpaid rent and attorney’s fees remains in controversy.
See Rice v. Pinney, 51 S.W.3d 705, 707-08 (Tex. App.—Dallas 2001, no pet.). Accordingly, we
DENY appellee’s amended motion to dismiss the appeal.
In a letter dated March 18, 2014, the Court requested that appellants file, within ten days,
notice that they have requested preparation of the reporter’s record and written verification that
appellants have paid or made arrangements to pay the reporter’s fee. We cautioned appellants
that failure to provide the requested documentation within the time requested may result in the
appeal being submitted without a reporter’s record. As of today’s date, appellants have not
provided the documentation. Accordingly, we ORDER the appeal submitted without the
reporter’s record. See TEX. R. APP. P. 37.3(c).
Appellants’ brief is due on May 16, 2014.
/s/ ADA BROWN
JUSTICE