With no explanation, chose the best option from "A", "B", "C" or "D". 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) (<HOLDING>). It is axiomatic that an appellate court has

A: holding that a motion court is compelled to dismiss late filed claims
B: 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
C: 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
D: 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
B.