Opinion

City of Alamo v. Montes

  • 40 Tex. Sup. Ct. J. 108
  • 934 S.W.2d 85
  • 1996 Tex. LEXIS 161
  • 1996 WL 665628
Court
Texas Supreme Court
Filed
Nov 15, 1996
Status
Published
On the bench
Spector, Phillips, Hecht, Cornyn, Enoch, Owen, Baker, Abbott, Gonzalez
Cited by
14 cases
Authority
More cited than 72.2%

holding that, because "no live controversy" existed between the parties in wrongful-termination suit following plaintiff's resignation from her position, any opinion Court might issue would be "strictly advisory"

How later courts described this case

  • holding that, because "no live controversy" existed between the parties in wrongful-termination suit following plaintiff's resignation from her position, any opinion Court might issue would be "strictly advisory"
  • Secretary's claim that she was discharged for political reasons, for which she had been awarded an injunction requiring her reinstatement, was rendered moot on appeal when she resigned from employment
  • dismissing case as moot when employee resigned, leaving no controversy between parties, in suit challenging termination

Written by the judges who cited it.

The opinion

We granted this cause to consider whether the court of appeals erred in affirming an injunction requiring the City of Alamo to reinstate Minerva Montes to her position as city secretary. 904 S.W.2d 727, 734 . The court of appeals affirmed the injunction based upon the jury’s finding that Montes was fired primarily for political reasons. Id. Montes has now resigned her position. She moves to dismiss this case on the basis that it is moot. We agree that the case is now moot.

Montes’s resignation leaves no live controversy between the parties. See Speer v. Presbyterian Children’s Home, 847 S.W.2d 227, 228-29 (Tex.1993). Under these circumstances, any opinion we might issue would be strictly advisory. Id. at 229 . Therefore, in accordance with Rule 170 of the Texas Rules of Appellate Procedure, without hearing oral argument and without reference to the merits, we vacate the judgment of the court of appeals and of the trial court and dismiss this case as moot. Id. at 228 . Our disposition of this case should not be construed as either approving or disapproving of the court of appeals’ opinion.

GONZALEZ, J., filed a concurring opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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