Opinion
NUMBER 13-17-00091-CV
02-22-2018
AGAPE CHRISTIAN SCHOOL BOARD OF DIRECTORS, ELI SANCHEZ, RICK GARCIA, FERNANDO CRUZ, AND ROSIE DE LA GARZA, Appellants, v. ASSOCIATION OF CONCERNED PARENTS OF AGAPE CHRISTIAN SCHOOL, Appellee.
On appeal from the 139th District Court of Hidalgo County, Texas.
MEMORANDUM OPINION
Before Justices Rodriguez, Longoria, and Hinojosa
Memorandum Opinion by Justice Rodriguez
Appellants Agape Christian School Board of Directors, Eli Sanchez, Rick Garcia, Fernando Cruz, and Rosie De La Garza have filed a motion to dismiss this appeal. See TEX. R. APP. P. 42.1(a)(1). Appellants assert that they have filed a motion for nonsuit in the underlying case, thereby rendering this appeal moot.
The Court, having considered the documents on file and the motion to dismiss the appeal, is of the opinion that the motion should be granted. See Heckman v. Williamson Cty., 369 S.W.3d 137, 162 (Tex. 2012) ("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."); In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex. 2005) (orig. proceeding) (stating that a case becomes moot "if a controversy ceases to exist between the parties at any stage of the legal proceedings"); State Bar of Tex. v. Gomez, 891 S.W.2d 243, 245 (Tex. 1994) (stating that, for a controversy to be justiciable, there must be a real controversy between the parties that will be actually resolved by the judicial relief sought). Accordingly, we REINSTATE this appeal, GRANT the motion to dismiss, and DISMISS the appeal as moot. Appellants shall bear the costs of this appeal. See TEX. R. APP. P. 42.1(d).
NELDA V. RODRIGUEZ
Justice Delivered and filed the 22nd day of February, 2018.