Denise Trauth in Her Official Capacity and Individual Capacity as President of Texas State University v. David Wiley ( 2019 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-19-00383-CV
Denise Trauth in Her Official Capacity and Individual Capacity as
President of Texas State University, Appellant
v.
David Wiley, Appellee
FROM THE 207TH DISTRICT COURT OF HAYS COUNTY
NO. 19-1229, THE HONORABLE R. BRUCE BOYER, JUDGE PRESIDING
MEMORANDUM OPINION
Appellee David Wiley has filed an unopposed motion to dismiss this interlocutory
appeal for want of jurisdiction. Wiley informed the Court that he has filed in the trial court a
notice of nonsuit without prejudice of the underlying lawsuit, nonsuiting his entire case against
appellant and the other defendant in the case, which renders this appeal moot. The Texas
Supreme Court has held that the nonsuit of all claims in the trial court between the parties to an
interlocutory appeal deprives the appellate court of jurisdiction over the appeal. See University
of Tex. Med. Branch at Galveston v. Estate of Blackmon, 195 S.W.3d 98, 100-01 (Tex. 2006)
(per curiam).
Accordingly, we grant Wiley’s motion. We vacate the trial court’s order because
the nonsuit has rendered the case moot, and we dismiss the case for want of jurisdiction. See
Houston Mun. Emps. Pension Sys. v. Ferrell, 248 S.W.3d 151, 153, 157 (Tex. 2007); see also
Tex. R. App. P. 43.2(e).
__________________________________________
Gisela D. Triana, Justice
Before Chief Justice Rose, Justices Triana and Smith
Dismissed for Want of Jurisdiction
Filed: September 27, 2019
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