in the Interest of A. A., a Child ( 2015 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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No. 08-15-00177-CV
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IN THE INTEREST OF A.A., A CHILD. Appeal from
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65th District Court
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of El Paso County, Texas
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(TC # 2013DCM9384)
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MEMORANDUM OPINION
This appeal is before the Court to determine whether it should be dismissed for want of
jurisdiction. After the notice of appeal was filed, the trial court entered an order setting aside its
judgment of June 4, 2015 and granting a motion for new trial. On June 16, 2015, the Court
provided notice to the parties of its intent to dismiss the appeal as moot because the trial court
had set aside the judgment and ordered a new trial. See TEX.R.APP.P. 42.3. We have not
received any response to the inquiry.
It is well established that a court is prohibited from deciding moot controversies.
National Collegiate Athletic Association v. Jones, 1 S.W.3d 83, 86 (Tex. 1999). A case is moot
if a justiciable controversy ceases to exist at any stage of the legal proceedings, including the
appeal. In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex. 2005). The trial court’s
order granting the motion for new trial has rendered this appeal moot. Consequently, we dismiss
the appeal for want of jurisdiction.
July 8, 2015
ANN CRAWFORD McCLURE, Chief Justice
Before McClure, C.J., Rodriguez, and Hughes, JJ.
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