Myra Morris, Kleberg County Attorney Kira Talip, and Kleberg County Judge Rudy Madrid v. Corina Madrigal ( 2015 )


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  •                         NUMBER 13-15-00203-CV
    COURT OF APPEALS
    THIRTEENTH DISTRICT OF TEXAS
    CORPUS CHRISTI - EDINBURG
    ____________________________________________________________
    MYRA MORRIS,
    KLEBERG COUNTY ATTORNEY KIRA TALIP, AND
    KLEBERG COUNTY JUDGE RUDY MADRID,                                      Appellants,
    v.
    CORINA MADRIGAL,                                    Appellee.
    ____________________________________________________________
    On appeal from the 105th District Court of
    Kleberg County, Texas.
    ____________________________________________________________
    MEMORANDUM OPINION
    Before Chief Justice Valdez and Justices Garza and Longoria
    Memorandum Opinion Per Curiam
    Appellants, Myra Morris, Kleberg County Attorney Kira Talip, and Kleberg County
    Judge Rudy Madrid seek to appeal a March 23, 2015 order granting a petition for
    depositions under Texas Rule of Civil Procedure 202.      See TEX. R. CIV. P. 202.
    Currently before the Court is appellants’ “Supplemental Statement Concerning
    Jurisdiction,” which states that on March 28, 2015, the trial court signed an order vacating
    the March 23, 2015 order subject to appeal in this cause. Appellants state that the trial
    court’s March 28, 2015 order may have divested the Court of subject-matter jurisdiction
    over this appeal.
    Because the trial court has vacated the order subject to appeal, we conclude that
    this appeal has been rendered moot. See In re Kellogg Brown & Root, Inc., 
    166 S.W.3d 732
    , 737 (Tex. 2005) (“A case becomes moot if a controversy ceases to exist between
    the parties at any stage of the legal proceedings . . .”); Williams v. Lara, 
    52 S.W.3d 171
    ,
    184 (Tex. 2001) (noting that “a controversy must exist between the parties at every stage
    of the legal proceeding, including the appeal” and that, if controversy ceases to exist,
    case becomes moot); 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, this
    appeal is DISMISSED. See Heckman v. Williamson Cnty., 
    369 S.W.3d 137
    , 162 (Tex.
    2012); see also TEX. R. APP. P. 42.3(a).
    PER CURIAM
    Delivered and filed the
    11th day of June, 2015.
    2
    

Document Info

Docket Number: 13-15-00203-CV

Filed Date: 6/11/2015

Precedential Status: Precedential

Modified Date: 6/11/2015