noting that case becomes moot if controversy ceases to exists between parties “at any stage of the legal proceedings”
How later courts described this case
- noting that case becomes moot if controversy ceases to exists between parties “at any stage of the legal proceedings”
Written by the judges who cited it.
The opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-16-00244-CV
M. M. and L. E., Appellants
v.
Texas Department of Family and Protective Services, Appellee
FROM THE DISTRICT COURT OF COMAL COUNTY, 274TH JUDICIAL DISTRICT
NO. 2014-1337C, HONORABLE JACK H. ROBISON, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant M.M. has filed an unopposed motion to dismiss this appeal, explaining
that the trial court has now vacated the final judgment that is the subject of this appeal and that,
as a result, this appeal has become moot.1 See In re Kellogg Brown & Root, Inc., 166 S.W.3d 732,
737 (Tex. 2005) (noting that case becomes moot if controversy ceases to exists between parties “at
any stage of the legal proceedings”). Based on our review of the record, we conclude that the appeal
has become moot. We grant the motion and dismiss the appeal. See Tex. R. App. P. 42.3(a).
1
Co-appellant L.E., who is represented by different counsel, seeks to appeal from the same
final judgment. L.E. has not responded to M.M.’s motion to dismiss or to our request to explain why
this Court has jurisdiction to consider her appeal.
__________________________________________
Scott K. Field, Justice
Before Justices Puryear, Pemberton, and Field
Dismissed for Want of Jurisdiction
Filed: July 15, 2016
2