Opinion issued November 15, 2016
In The
Court of Appeals
For The
First District of Texas
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NO. 01-16-00456-CV
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GEORGE E. CARROLL, Appellant
V.
DISCOVER BANK, Appellee
On Appeal from the 55th District Court
Harris County, Texas
Trial Court Case No. 2013-39594
MEMORANDUM OPINION
Appellant, George E. Carroll, has appealed from a final judgment signed on
January 19, 2016. We dismiss the appeal.
This Court determined that it was appropriate to refer this appeal for resolution
by mediation and referred the appeal to mediation. See TEX. CIV. PRAC. & REM.
CODE ANN. §§ 154.021, 154.023 (West 2011). On August 24, 2016, appellant
notified the Court that a settlement had occurred without the necessity of mediation
and the matter would be concluded soon. On October 4, 2016, the Clerk of this
Court notified the parties that the appeal might be dismissed unless they
demonstrated the existence of a live controversy between them as to the merits of
the appeal. See Tuttle Enters., Inc. v. Truitt, No. 01-13-00664-CV, 2014 WL
1612491, at *1 (Tex. App.—Houston [1st Dist.] Apr. 22, 2014, no pet.) (mem. op.)
(dismissing appeal as moot after mediator informed Court of settlement and parties
failed to demonstrate that live controversy existed between them); see also Valley
Baptist Med. Ctr. v. Gonzalez, 33 S.W.3d 821, 822 (Tex. 2000) (requiring actual
controversy exist between parties to appeal for appellate court to exercise
jurisdiction). No party has responded to the October 4, 2016 notice or otherwise
demonstrated the existence of a live controversy as to the merits of the appeal.
Accordingly, we dismiss the appeal and dismiss all pending motions as moot.
PER CURIAM
Panel consists of Justices Keyes, Higley, and Lloyd.
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