Jones v. State , 1980 Tex. App. LEXIS 3572 ( 1980 )

MASSEY, Chief Justice,

dissenting.

I respectfully dissent.

I agree with the state’s claim that our decision on its motion to dismiss is controlled by the court of civil appeals’ opinion in In Re Ivey, 534 S.W.2d 163 (Tex.Civ.App. —Austin 1976, writ ref’d n.r.e.), which this court followed in Hollifield v. State, 545 S.W.2d 267 (Tex.Civ.App. — Fort Worth 1976, no writ). In my view the rule that upon a determination that an appeal is moot the judgment of the lower court is reversed and the cause is dismissed protects the litigants against any collateral consequences.

After thoroughly reviewing this case and comparing it to Ivey and Hollifield, I find no basis for distinction which would alter or affect the disposition of this motion. I would grant the state’s motion to dismiss, reverse the judgment of the trial court, and dismiss this cause.