# Hager v. State Ex Rel. TeVault

> Court of Appeals of Texas · September 29, 1969 · 446 S.W.2d 43

URL: https://www.frixlaw.com/law-library/cases/9672156

## Case

- **Full name:** Dale C. HAGER Et Al., Appellants, v. STATE Ex Rel. DeWayne TeVAULT Et Al., Appellees
- **Court:** Court of Appeals of Texas
- **Decided:** September 29, 1969
- **Citations:** 446 S.W.2d 43; 1969 Tex. App. LEXIS 2888
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Per Curiam
- **Cited by:** 14 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9672156

## Opinion text

ON REHEARING
Appellees have filed a motion to dismiss the cause on the grounds of mootness, attaching thereto a certified copy of the minutes of the meeting of the City Council of the City of Beaumont, wherein the City Council did, on October 1, 1969, pursuant to the order of the District Court, order that the election be held on November 1, 1969. Ordinarily, when a cause becomes moot while upon appeal, the correct order for entry is that of reversal of the judgment of the cause and dismissal thereof. Guajardo v. Alamo Lumber Co., 159 Tex. 225 , 317 S.W.2d 725 (1958). However, we have not acquired jurisdiction to hear and determine this cause upon the merits and the entry of any order other than the one of dismissal which we entered originally would be to exercise jurisdiction where none exists. This we decline to do. Roeser v. Bellmer, 7 Tex. 1, 2 (1851); Wadsworth v. Chick, 55 Tex. 241, 242, 243 (1881). Appellees’ motion to dismiss the cause because of mootness is overruled.
Having considered appellants’ motion for rehearing, the same is overruled.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9672156. Public record. Not legal advice.