DISMISS and Opinion Filed September 20, 2018
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-17-01386-CV
GAURAV MISHRA, Appellant
V.
SHILPA MISHRA, Appellee
On Appeal from the 219th Judicial District Court
Collin County, Texas
Trial Court Cause No. 219-55658-2017
MEMORANDUM OPINION
Before Justices Stoddart, Whitehill, and Boatright
Opinion by Justice Whitehill
Appellant appeals from the trial court’s protective order signed on November 8, 2017. On
August 29, 2018, a supplemental clerk’s record was filed containing the trial court’s order vacating
as void the November 8 protective order. In response, the Court instructed appellant to file a letter
brief explaining how the appeal is not now moot or, alternatively a motion to dismiss the appeal.
See Nat’l Collegiate Athletic Ass’n v. Jones, 1 S.W.3d 83, 86 (Tex. 1999) (case becomes moot and
court loses jurisdiction if controversy between parties ceases to exist).
Before the Court is appellant’s unopposed motion to dismiss the appeal and vacate the
appealed protective order. Because the protective order has already been vacated, we grant the
motion to the extent that we dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).
/Bill Whitehill/
BILL WHITEHILL
JUSTICE
171386F.P05
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
GAURAV MISHRA, Appellant On Appeal from the 219th Judicial District
Court, Collin County, Texas
No. 05-17-01386-CV V. Trial Court Cause No. 219-55658-2017.
Opinion delivered by Justice Whitehill.
SHILPA MISHRA, Appellee Justices Stoddart and Boatright
participating.
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee SHILPA MISHRA recover her costs of this appeal from
appellant GAURAV MISHRA.
Judgment entered September 20, 2018.
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