FELIX AUTO TECH GERALD FELIX v. KENNASA MAEBERRY (2017)

MEMORANDUM OPINION

Appellants, Felix Auto Tech and Gerald Felix, timely filed a notice of appeal from the judgment, signed by the trial court on April 22, 2016, after they requested findings of fact and conclusions of law in this breach-of-contract case. See TEX. R. APP. P. 26.1(a)(4). After this Court granted appellants an extension of time to pay for the records on September 22, 2016, because they had filed a motion for a supersedeas bond in the trial court, the supplemental clerk's record was filed in this Court on December 15, 2016. This record included, among other things, the parties' settlement agreement letter, filed in the trial court on October 27, 2016.

Because it appeared that there was no longer a live controversy among the parties, the Clerk of this Court issued a Notice of Intent to Dismiss for Want of Jurisdiction on December 20, 2016. See, e.g., Valley Baptist Med. Ctr. v. Gonzalez, 33 S.W.3d 821, 822 (Tex. 2000) (noting that existence of live controversy is essential to appellate jurisdiction). This notice notified appellants that this appeal would be dismissed as moot unless they responded within ten days. See TEX. R. APP. P. 42.3(a), (c). Appellants failed to file a timely response.

Accordingly, we dismiss this appeal for want of jurisdiction as moot. See TEX. R. APP. P. 43.2(f). We dismiss any pending motions as moot.

PER CURIAM