Read the following excerpt from a US court opinion:
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writ denied). An appellate court has no jurisdiction to consider the merits of an appeal from a void judgment. Eubanks, 578 S.W.2d at 517. In such an instance the appellate court must set aside the trial court’s judgment and dismiss the appeal. Id. Mellon’s affidavits relate the factual circumstances surrounding the summary judgment hearing and entry of judgment. Under rule 19(d), motions, dependent on facts not apparent in the record, must be supported by affidavits or other satisfactory evidence. O’Connor v. Sam Houston Medical Hosp., Inc., 802 S.W.2d 247, 250 (Tex. App.—Houston [1st Dist.] 1990), rev’d on other grounds, 807 S.W.2d 574 (Tex.1991); Tex.R.App.Proc. 19(d). Other courts are in accord. See, e.g., Aycock v. Pannill, 853 S.W.2d 161, 164 (Tex.App.—Eastland 1993, writ denied) . It is axiomatic that an appellate court has
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What is the most suitable continuation to the opinion? Your options are:
A. holding appellate court by virtue of rule 19d can consider materials not in the record that are filed in support of a motion to dismiss
B. holding that the trial court did not violate due process in considering the defendants motion to dismiss because the defendant had corrected its error in not serving its motion to dismiss on the plaintiff and because the plaintiff had received adequate time to consider and respond to the arguments made in the motion
C. holding that a motion court is compelled to dismiss late filed claims
D. holding that the court implicitly denied the plaintiffs motion to strike certain submissions because the court in its opinion granting defendants motion to dismiss relied on defendants materials
E. holding appellants issue was rendered moot because appellant was given the opportunity to make a record in support of his motion for new trial and appellate court considered that record in disposing of only issue raised in the motion for new trial
Reply with [A, B, C, D, E] only.