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“A case becomes moot if, since the time of filing, there has ceased to exist a justiciable controversy between the parties—that is, if the issues presented are no longer ‘live,’ or if the parties lack a legally cognizable interest in the outcome.” (Growden v. Good Shepherd Health Sys. (2018) 550 S.W.3d 716, 722 citing Heckman v. Williamson Cnty. (2012) 369 S.W.3d 137, 161.) “In other words, if the court’s ruling on the merits can no longer affect the parties' rights or interests, the case is moot.” (Id., citing VE Corp. v. Ernst & Young (1993) 860 S.W.2d 83, 84.)
The mootness doctrine is well established. Appellate courts only determine cases in which an actual controversy exists. (Camarena v. Texas Employment Comm'n (1988) 754 S.W.2d 149, 151.) When a case becomes moot, the court is required to “vacate any order or judgment previously issued and dismiss the case for want of jurisdiction.” (Growden, supra,citing Speer v. Presbyterian Children’s Home & Serv. Agency (1993) 847 S.W.2d 227, 229–30.) Whether a plaintiff’s claims have become moot is a question of law that is reviewed de novo. (Growden, supra, at 722.)
Further, "[Texas] courts have no jurisdiction to render advisory opinions in a case that has become moot." (Speer v. Presbyterian Children's Home and Serv. Agency (1993) 847 S.W.2d 227.
An appellate court may entertain affidavits, as necessary, to ascertain the facts necessary for the proper exercise of its jurisdiction. (See Tex. Gov't Code Ann. § 22.220(c) [Vernon 2004]; Tex.R.App.P. 10.2(a); Woodland v. Wisdom (1998) 975 S.W.2d 712, 716, holding that a court may consider affidavits regarding matters outside record if matters bear on whether appeal is moot.])
The issue of whether an injunction is valid becomes moot when the injunction does not continue to have effect. (See Parr v. Stockwell (1959) 322 S.W.2d 615, 616; Spring Branch I.S.D. v. Reynolds (1988) 764 S.W.2d 16, 18.) An appellate court must set aside the judgment and dismiss the cause when an appeal is moot. (Dep't v. Texas Ass'n of Bass Clubs (1981) 622 S.W.2d 594, 596.)
Two exceptions to the mootness doctrine currently exist:
(General Land Office v. OXY U.S.A., Inc. (1990) 789 S.W.2d 569, 571.) However, neither exception applies to these causes. (See Spring Branch I.S.D., 764 S.W.2d at 18-19; Univ. Interscholast Legue v. Buchanan (1993) 848 S.W.2d 298, 304.)
“The ‘capable of repetition yet evading review’ exception is applied where the challenged act is of such short duration that the appellant cannot obtain review before the issue becomes moot.” (General Land Office of the State v. OXY U.S.A., Inc. (1990) 789 S.W.2d 569, 571 citing Spring Branch I.S.D. v. Reynolds (1988) 764 S.W.2d 16, 18.)
“The ‘collateral consequences’ exception has been applied when Texas courts have recognized that prejudicial events have occurred "whose effects continued to stigmatize helpless or hated individuals long after the unconstitutional judgment had ceased to operate. Such effects were not absolved by mere dismissal of the cause as moot.” (Spring Branch I.S.D., supra, 764 S.W.2d at 19.)
In deciding the whether a court can offer an advisory opinion in a matter, “courts of this state have no jurisdiction to render advisory opinions in a case that has become moot. (Multi-County Coalition v. Tex. Comm'n on Envtl. Quality (2013) No. 11-12-00108-CV, at *2 citing Speer v. Presbyterian Children's Home & Serv. Agency (1993) 847 S.W.2d 227.)
In deciding mootness with regard to a forcible-detainer defendant where that defendant fails to supersede the judgment and loses possession of the property, “the appeal is moot unless she:
(Roberts v. CitiMortgage, Inc. (2018) No. 06-18-00024-CV, at *4-5 citing Brigandi v. Am. Mortg. Inv. Partners Fund I Trust (2017) No. 02-16-00444-CV, 2017 WL 1428726, at *3 quoting Marshall v. Housing Auth. City San Antonio (2006) 198 S.W.3d 782, 786 holding “[s]ome courts of appeals have held that if a tenant fails to post a bond pursuant to Texas Property Code Section 24.007, the appellate court lacks jurisdiction. Other courts of appeals have concluded that if a tenant vacates the premises, (1) the tenant's appeal is moot because the court can no longer grant effectual relief, or (2) the issue of possession is moot, but the court can still consider issues unrelated to possession. At least one court of appeals has concluded that a tenant's appeal is not moot even though the tenant vacated the premises.”].)
Electronically Filed 2/14/2024 1:51 PM Hidalgo County District Clerks Reviewed By: Rubie Cantu NO. C-0545-24-B DANIEL MARTINEZ § IN THE DISTRICT COURT Plaintif…
Feb 02, 2024
Filed
NUMBER 13-22-00302-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG MONTE ERIC JORDAN A/K/A JONATHAN CHRISTOPHER MCCONELL A/K/A JONATHAN CHIRS MCCONELL A/K/A CHRIS MCCONELL, Appellant, v. THE STATE OF TEXAS, Appellee. …
FILED 9/27/2023 1:29 PM FELICIA PITRE DISTRICT CLERK …
Feb 12, 2021
OPEN
EXHIBIT Dismissed in Part and Reversed and Rendered in Part and Memorandum Opinion filed February 28, 2023. eY SZ a AY Pe In The Fourteenth Court of Appeals NO. 14-21-00310-CV BREITBURN OPERATING, LP, SUCCESSOR-IN-INTEREST TO QRE OP…
Aug 12, 2015
In Trial
Harris County, TX
Sep 19, 2023
HOMEOWNERS ASSOCIATION
Filed: 8/29/2023 2:19 PM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 79030171 …
Apr 03, 2023
Disposed
a Appellants’ Motion Granted in Part and Denied in Part; Appellee’s Motion Denied; Appellee’s Motion to Lift Stay Dismissed as Moot; and Opinion filed July 12, 2022. Qs zh FILED a ie AUG 15 2023 us …
Apr 23, 2018
Disposed
FILED 7/24/2023 10:42 AM FELICIA PITRE …
Apr 19, 2023
CLOSED
DALLAS-DC-19-18052-CLR-VOL001.pdf: VOLUME 1 OF 1 Trial Court Cause No. DC-19-18052-C Appellate Case No. 05-23-00606-CV In the 68TH District Court of Dallas County, Texas Honorable MARTIN HOFFMAN, Judge Presiding ________________________________________________________________________ BAYLOR SCOTT & WHITE HEALTH, AND SCOTT & WHITE HEAL…
Nov 08, 2019
CLOSED
FILE COP Y ' NUECES COUNTY COURTHOUSE CHIEF JUSTICE 901 LEOPARD. 10TH FLOOR . DORI…
Oct 03, 2022
Active
Filed 04/13/2023 07:58:37 Beverley McGrew Walker District Clerk Fort Bend County, Texas …
Oct 23, 2020
Disposed
Fort Bend County, TX
Apr 13, 2023
YA0 Dismissed in Part and Reversed and Rendered in Part and Memorandum Opinion filed February 28, 2023. Rs GES iy Sa As NY Ye FI LED ‘A SS AX +…
Aug 12, 2015
Active - Civil
Harris County, TX
Feb 28, 2023
HOMEOWNERS ASSOCIATION
DALLAS-DC-22-03810-CLR-VOL001.pdf: VOLUME 1 OF 1 Trial Court Cause No. DC-22-03810 Appellate Case No. 05-22-00809-CV In the 95th District Court of Dallas County, Texas Honorable MONICA PURDY Judge Presiding ________________________________________________________________________ AMWINS SPECIALTY AUTO, INC.,, Appellant(s) …
Apr 11, 2022
CLOSED
{9 Reversed and Remanded; Cross-Appeal Dismissed as Moot; and Majority Opinion and Concurring and Dissenting Opinion filed September 1, 2022. EO vi Pa SB FILED Be Ny yy Marilyn Burgess …
Jul 20, 2020
Ready Docket
RIO Reversed and Remanded; Cross-Appeal Dismissed as Moot; and Majority Opinion and Concurring and Dissenting Opinion filed September 1, 2022. AEG oy ep Sa fc ora ay hy …
Jul 20, 2020
Ready Docket
/.’ W22 , ,0 Deny and Opinion Filed April 13, 2022 7:13; …
Apr 06, 2018
CLOSED
Filed: 9/23/2021 4:06 PM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 57554408 …
Apr 24, 2020
Disposed
Filed: 9/23/2021 4:06 PM JOHN D. KINARD - District Clerk Galveston County, Texas …
Apr 24, 2020
Disposed
QvA0-4 WAUR ‘) Opinion issued April 6, 2021 FILED rilyn Burgess Materct Clerk Court of Appeals APR 06 2021 For The Time: SAIN First Distetet of Texas ®¥ Beputy In The NO. 01-20-00818-CV IN RE GREGORY J. ALEXANDER, Relator Original Proceeding on Petition for Writ of Mandamus MEMORANDUM OPINION Relator, Gregory J. Alexander, has filed a petition for writ of mandamus, requesting that this Court order the trial court to vacate its order overruling relator’s objections to fiv…
Aug 06, 2020
Ready Docket
NUMBER 13-20-001 60-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG SUPERIOR HEALTHPLAN, INC. AND BANKERS RESERVE …
Jun 18, 2013
Disposed
236-316807-20 FILED TARRANT COUNTY 3/3/2021 4:56 PM …
May 07, 2020
DISMISSED OR NON-SUITED
Tarrant County, TX
Mar 03, 2021
AUSE ONTINUUM NERGY ECHNOLOGIES NTHE ISTRICT OURT OF LAINTIFF ORINNA ON CHONAU IEDWEG ON CHONAU ARINA ON CHONAU NVESTMENTS ARRIS OUNTY ALANS ENTON ROUP ENTONS OPKINS HRISTINE ENIAITIS ILL HIL…
Jun 15, 2020
Ready Docket
FILED 11/25/2020 3:51 PM FELICIA PITRE DISTRICT CLERK …
FILED - 11/24/2020 5:01 PM 2020-DCL-04124 / 48407963 ELVIRA S. ORTIZ …
Aug 28, 2020
Pending
Electronically Submitted 11/19/2020 12:38 PM COUNTY OF HIDALGO Hidalgo Count Accepted by: Daniela aClerk lanco ARTUR…
Hidalgo County, TX
Nov 19, 2020
Electronically Submitted 11/19/2020 12:38 PM Hidalgo County Clerk …
Hidalgo County, TX
Nov 19, 2020
Electronically Submitted 11/10/2020 4:42 PM Hidalgo County Clerk …
Hidalgo County, TX
Nov 10, 2020
Electronically Submitted 11/10/2020 4:42 PM Hidalgo County Clerk …
Hidalgo County, TX
Nov 10, 2020
PY Petition for Writ of Mandamus Denied and Memorandum Opinion filed October 13, 2020. yo-13-202 x, See ee St FILED Ye) “A …
Dec 26, 2019
Ready Docket
FILED 9/10/2020 11:56 AM FELICIA PITRE …
Sep 16, 2019
OPEN
FILED 9/1/2020 12:29PM FELICIA PITRE …
Jan 29, 2020
CLOSED
FILED 8/31/2020 9:53PM FELICIA PITRE …
Jun 11, 2020
CLOSED
FILED 8/5/2020 1:55 PM FELICIA PITRE …
Dec 17, 2018
CLOSED
FILED 7/31/2020 3:52 PM FELICIA PITRE …
153-315868-20 Exhibit A FILED 153-315868-20 TARRANT COUNTY …
Mar 12, 2020
DISMISSED OR NON-SUITED
Tarrant County, TX
Jul 31, 2020
FILED 7/31/2020 3:52PM FELICIA PITRE …
~~ 70 gra? FILED Marlly n Burgess — …
May 15, 2020
Case On Appeal - Civil
Harris County, TX
Jul 21, 2020
HOMEOWNERS ASSOCIATION
Electronically Filed 7/17/2020 1:41 PM Hidalgo County District Clerks …
May 08, 2020
Filed
Hidalgo County, TX
Jul 17, 2020
Electronically Filed 7/17/2020 1:41 PM Hidalgo County District Clerks …
May 08, 2020
Filed
Hidalgo County, TX
Jul 17, 2020
Electronically Filed 7/17/2020 1:41 PM Hidalgo County District Clerks …
May 08, 2020
Appealed
FILED 7/9/2020 1:25 PM FELICIA PITRE …
Aug 21, 2018
CLOSED
FILED 7/9/2020 1:25 PM FELICIA PITRE …
Aug 21, 2018
OPEN
FILED 7/9/2020 3:59PM FELICIA PITRE …
May 06, 2020
CLOSED
6/8/2020 1:05:13 PM Marilyn Burgess - District Clerk Harris Count, Envelope No: 43548681 By: PATEL, DEVANSHI …
Mar 26, 2020
Ready Docket
Harris County, TX
Jun 22, 2020
Motor Vehicle Accident
FILED: 6/17/2020 3:31 PM David Trantham Denton County District Clerk By: Tina Lopez, Deputy No. 20-4606-158 In The 158" District Court Denton, Texas …
Denton County, TX
Jun 17, 2020
Criminal Related
pa? Appellant’s Appeal Dismissed as Moot; Affirmed and Majority and Dissenting and Concurring Opinions filed May 28, 2020 I Ki, Py ih 3B FILED …
Jun 20, 2014
Case On Appeal - Civil
Harris County, TX
May 28, 2020
PERSONAL INJ (NON-AUTO)
pa? Appellant’s Appeal Dismissed as Moot; Affirmed and Majority and Dissenting and Concurring Opinions filed May 28, 2020 I Ki, Py ih 3B FILED …
Jun 20, 2014
Case On Appeal - Civil
Harris County, TX
May 28, 2020
PERSONAL INJ (NON-AUTO)
FILED 5/26/2020 10:07 AM …
Nov 08, 2019
CLOSED
FILED 3/25/2020 5:58PM FELICIA PITRE …
FILED 3/25/2020 5:58 PM FELICIA PITRE DISTRICT CLERK …
Filed 3/2/2020 11:18 AM Beverley McGrew Walker …
Mar 13, 2019
Disposed
FILED 2/25/2020 10:34 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS …
Dec 17, 2018
CLOSED
FILED DALLAS COUNTY 2/5/2020 8:26 AM …
Apr 08, 2019
CLOSED
Dallas County, TX
Feb 05, 2020
MOYE', ERIC
FILED DALLAS COUNTY …
Oct 10, 2019
INACTIVE
FILED DALLAS COUNTY PM …
Oct 10, 2019
INACTIVE
FILED DALLAS COUNTY PM …
Oct 10, 2019
OPEN
1/27/2020 8:00 AM Velva L. Price District Clerk …
Mar 06, 2015
Pending Brought Forward
Travis County, TX
Jan 27, 2020
DECLARATORY JUDGMENT (GEN LIT )
Electronically Filed 1/21/2020 5:43 PM Hidalgo County District Clerks …
Jun 25, 2018
Filed
Hidalgo County, TX
Jan 21, 2020
Vasquez, L
Filed © 12/31/2019 08:52:46 Beverley McGrew Walker District Clerk Fort Bend County, Texas …
Feb 28, 2017
Disposed
Filed: 12/11/2019 12:07 PM JOHN D. KINARD - District Clerk Galveston County, Texas …
Feb 25, 2013
Disposed
FILED DALLAS COUNTY PM …
Oct 10, 2019
INACTIVE
FILED DALLAS COUNTY …
Oct 10, 2019
INACTIVE
Cause No.2019-12808 RANDON EVANS AND NICOLE IN THE DISTRICT COURT EVANS Plaintiffs, HARRIS COUNTY, TEXAS THE ESTATE OF THOMAS WHEATLEY III, BY AND THROUGH ITS EXECUTOR, J…
Feb 20, 2019
Disposed (Final)
Harris County, TX
Nov 15, 2019
Debt/Contract - Consumer/DTPA
10/28/2019 11:36 AM Marilyn Burgess - District Clerk Harris County Envelope No. 38005824 …
Jul 26, 2019
Ready Docket
Harris County, TX
Oct 28, 2019
Debt/Contract - Debt/Contract
FILED DALLAS COUNTY 6/12/2019 6:04PM …
May 04, 2018
OPEN
2) - Opinion issued October 17, 2019 AAee WF So) In The Court of Appeals For The FILED …
Jun 17, 2015
Case On Appeal - Civil
Harris County, TX
Oct 17, 2019
OTHER CIVIL
Opinion issued October 17, 2019 In The Court of Appeals For The First District of Texas ———————————— …
Apr 08, 2014
Case On Appeal - Civil
2) - Opinion issued October 17, 2019 Aee WF So) In The Court of Appeals For The FILED …
Jun 17, 2015
Case On Appeal - Civil
Harris County, TX
Oct 17, 2019
OTHER CIVIL
Electronically Filed 9/30/2019 12:00 AM Laura Richard County Clerk …
Oct 02, 2018
Disposed
Fort Bend County, TX
Sep 30, 2019
FILED DALLAS COUNTY 8/7/2019 3:27 PM FEL…
May 07, 2019
CLOSED
FILED DALLAS COUNTY 8/7/2019 3:27PM …
May 07, 2019
CLOSED
8/1/2019 11:13 AM Velva L. Price District Clerk …
Travis County, TX
Aug 01, 2019
PERSONAL INJURY OTHER (GEN LIT )
FILED DALLAS COUNTY 7/31/2019 4:20PM …
Sep 05, 2018
CLOSED
DALLAS-DC-l8-17620-CLR-1-SUPP-VOL001.pdf: DALLAS—DC-18-17620-CLR-1-SUPP-VOL001.pdf: VOLUME 10F1 Trial Court Cause N0. DC-18-17620 N0. 05-19-00073-CV Appellate Case No. In the 95th District Court of 0f Dallas County, Texas Honorable KEN …
Dallas County, TX
Jul 24, 2019
MOLBERG, KEN
DALLAS-DC-18-17105-CLR-VOL002.pdf: VOLUME 2OF2 Trial Court Cause No. DC-18-17105 Appellate Case No. 05-19-00780-CV In the 14th District Court of Dallas County, Texas Honorable ERIC MOYE' Judge Presiding ________________________________________________________________________ WHITE NILE SOFTWARE, INC., Appellant(s) …
Nov 12, 2018
CLOSED
Dallas County, TX
Jul 16, 2019
MOYE', ERIC
FILED DALLAS COUNTY 7/11/2019 3:08 PM FELICIA PITRE …
Apr 05, 2019
CLOSED
FILED DALLAS COUNTY 7/11/2019 3:12 PM FELICIA PITRE …
Apr 05, 2019
CLOSED
FILED TARRANT COUNTY CAUSE NO. 067-301033-18 2019 JUL -2 AH II: 20 …
Jul 20, 2018
DISMISSED OR NON-SUITED
Tarrant County, TX
Jul 02, 2019
067-301033-18 FILED TARRANT COUNTY 7/1/2019 2:17 PM CAUSE NO. 067-301…
Jul 20, 2018
DISMISSED OR NON-SUITED
Tarrant County, TX
Jul 01, 2019
FILED TARRANT COUNTY 6/27/2019 4:27 PM …
Jul 20, 2018
DISMISSED OR NON-SUITED
Tarrant County, TX
Jun 27, 2019
Filed: 6/26/2019 5:37 PM JOHN D. KINARD - District Clerk Galveston County, Texas …
Feb 14, 2017
Disposed
Case 5:17-cv-01103-XR Document 38 Filed 09/18/18 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION MICHAEL RODRIGUEZ, § § Plaintiff, § § CIVIL NO. vs. § SA-17-CV-1103-XR § BRYAN TRUCK LINE, INC., CARL J. § KIES, § § Defendants. § ORDER Before the Court in the above-styled and numbered cause of action are the Motion to Quash and for Protective Order filed by non-party Alamo Neurosurgical! Institute (hereinafter “Alamo”) [#21], Plaintiff…
Harris County, TX
Jun 19, 2019
Motor Vehicle Accident
FILED DALLAS COUNTY 6/18/2019 4:56 PM FELICIA PITRE …
Nov 12, 2018
CLOSED
Dallas County, TX
Jun 18, 2019
MOYE', ERIC
FILED DALLAS COUNTY 6/18/2019 4:56 PM …
Nov 12, 2018
CLOSED
Dallas County, TX
Jun 18, 2019
MOYE', ERIC
FILED DALLAS COUNTY 6/13/2019 12:22 PM FELICIA PITRE …
Nov 12, 2018
CLOSED
Dallas County, TX
Jun 13, 2019
MOYE', ERIC
FILED DALLAS COUNTY 6/13/2019 12:22 PM …
Nov 12, 2018
CLOSED
Dallas County, TX
Jun 13, 2019
MOYE', ERIC
FILED DALLAS COUNTY 6/12/2019 6:04PM …
May 04, 2018
CLOSED
CAUSE NO. 067-301033-18 STEPHANIE BOARDINGHAM § IN THE DISTRICT COURT OF § § VS. § 67TH JUDICIAL DISTRICT …
Jul 20, 2018
DISMISSED OR NON-SUITED
Tarrant County, TX
Jun 07, 2019
067-301033-18 FILED TARRANT COUNTY 6/5/2019 11:52 AM NO. 067-301…
Jul 20, 2018
DISMISSED OR NON-SUITED
Tarrant County, TX
Jun 05, 2019
067-301033-18 FILED TARRANT COUNTY 6/5/2019 11:59 AM NO. 067-301…
Jul 20, 2018
DISMISSED OR NON-SUITED
Tarrant County, TX
Jun 05, 2019
FILED DALLAS COUNTY 5/22/2019 3:31 PM …
Sep 26, 2018
CLOSED
FILED DALLAS COUNTY 5/22/2019 3:31 PM …
Sep 26, 2018
CLOSED
5/17/2019 6:28 PM Marilyn Burgess - District Clerk Harris County Envelope No. 33683806 …
Apr 22, 2019
Disposed (Final)
Harris County, TX
May 17, 2019
Other Employment
teenth District, Houston June 26, 2018, Memorandum Opinion Filed NO. 14-17-00678-CV Reporter 2018 Tex. App. LEXIS 4653 *; 2018 WL 3118601 interference claim based on hiring, by denying the motion ANNA ABATECOLA, ROBER to dismiss as moot with regard to nonsuited claims, and …
Jan 23, 2019
Disposed (Final)
Harris County, TX
May 06, 2019
HOMEOWNERS ASSOCIATION
Abatecola v. 2 Savages Concrete Pumping, LLC, Not Reported in S.W. Rptr. (2018) 2018 WL 3118607 regard to nonsuited claims, and by ordering an award of attorney’s fees and costs. KeyCite Yellow Flag - Negative Treatment Declined to Follow by Dyer v. Medoc Health Services, LLC, Tex.App.- Dallas, March 8, 2019 …
Jan 23, 2019
Disposed (Final)
Harris County, TX
May 02, 2019
HOMEOWNERS ASSOCIATION
FILED DALLAS COUNTY 4/26/2019 3:04 PM FELICIA PITRE …
Apr 26, 2019
CLOSED
FILED DALLAS COUNTY 4/26/2019 3:04 PM …
Apr 26, 2019
CLOSED
FILED DALLAS COUNTY 4/24/2019 2:30 PM FELICIA PITRE …
Jan 19, 2018
CLOSED
FILED DALLAS COUNTY 4/24/2019 2:27 PM FELICIA PITRE …
Jan 19, 2018
CLOSED
CLERK’S RECORD Volume 001 of 004 Trial Court Cause No. C-0430-17-A Appellate Court Cause No. 13-19-00180-CV In the 92nd District Court Of Hidalgo County, Texas Honorable Luis M. Singleterry, Judge Presiding LEILA HERNAND…
Jan 26, 2017
Filed
FILED DALLAS COUNTY 4/9/2019 2:53PM …
Dallas County, TX
Apr 09, 2019
MOYE', ERIC
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