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Araceli Zapata D/B/A El Super, Veljaco Corp., Inc, D/B/A El Super Meat Market & Taqueria and Carmen Gloria Veljanovich v. Clear Creek Independent School District, the City of Webster, and Harris County ( 2015 )


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  •                                                                                                            ACCEPTED
01-15-00346-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
11/3/2015 3:49:40 PM
CHRISTOPHER PRINE
CLERK
No. 01-15-00346-CV
ARACELLI ZAPATA D/B/A                         §                                 IN THE FIRST
SUPER, ET AL.,                                §                                  FILED IN
1st COURT OF APPEALS
Appellants                                    §                               HOUSTON, TEXAS
§                           11/3/2015 3:49:40 PM
v.                                            §                          COURT OF APPEAL
CHRISTOPHER A. PRINE
§                                   Clerk
CLEAR CREEK INDEPENDENT                       §
SCHOOL DISTRICT, ET AL.,                      §
Appellees                                     §                            HOUSTON, TEXAS
APPELLANTS’ AND APPELLEES’
JOINT MOTION TO DISMISS FOR MOOTNESS
Appellants (Araceli Zapata D/B/A El Super, Veljaco Corp., Inc., D/B/A El Super Meat
Market and Taqueria, and Carmen Gloria Veljanovich) and Appellees (Clear Creek Independent
School District, the City of Webster and Harris County) file this Joint Motion to Dismiss for
Mootness, and would respectfully show as follows.
1.      This is an appeal from the March 2, 2015 Final Judgment in Cause No. 2013-04925,
Clear Creek Independent School District, et al. v. GNM Enterprises d/b/a Super, et al.; In the 165th
Judicial District Court of Harris County, Texas.
2.      On October 30, 2015, the Trial Court granted Clear Creek Independent School
District’s Petition to Vacate Judgment, and issued an Order that vacated the Final Judgment.
(See Exhibit A attached hereto).
3.      The Court has the authority to dismiss an appeal if there is no longer an issue in
controversy. See Heckman v. Williamson Cnty.,
    369 S.W.3d 137
    , 154 (Tex. 2012); Tex. A&M
Univ.-Kingsville v. Yarbrough,
    347 S.W.3d 289
    , 291 (Tex. 2011). This Appeal should be
dismissed because the Trial Court’s Order to Vacate disposed of all issues forming the basis of
1
this appeal, and the parties no longer have a legally cognizable interest in the outcome of the
appeal. See FDIC v. Nueces Cnty.,
    886 S.W.2d 766
    , 767 (Tex. 1994).
4.     Moreover, the Court should not decide the issues presented by this appeal because
the appeal is moot, and the Court is not authorized to issue advisory opinions. See
    Heckman, 369 S.W.3d at 147
    ; Tex. Ass’n of Bus. v. Tex. Air Control Bd.,
    852 S.W.2d 440
    , 444 (Tex. 1993).
5.     For these reasons, Appellants and Appellees ask the Court to grant this Motion and
dismiss the appeal as moot.
Respectfully submitted,
By: /s/ Mark Aronowitz
Mark Aronowitz
State Bar No. 00793281
P.O. Box 1201
Texas City, Texas 77592-1201
Telephone: (281) 402-6790
Fax: (281) 714-4284
Email: markaronowitz@hotmail.com
ATTORNEY FOR APPELLANTS
By: /s/ R. Gregory East
R. Gregory East
State Bar No. 24007138
Perdue, Brandon, Fielder, Collins & Mott, L.L.P.
1235 North Loop West, Suite 600
Houston, Texas 77008
Telephone: (713) 862-1860
Fax: (713) 862-1429
Geast@pbfcm.com
ATTORNEYS FOR APPELLEE CLEAR CREEK
INDEPENDENT SCHOOL DISTRICT
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By:
Edward J. (Nick) Nicholas
State Bar No. 14991350
Linebarger Goggan Blair & Sampson, LLP
4828 Loop Central Drive, Suite 600
Houston, Texas 78701
Telephone: (713) 844-3405
Fax: (713) 844-3504
Nick.Nicholas@lgbs.com
ATTORNEYS FOR APPELLEES
THE CITY OF WEBSTER AND HARRIS COUNTY
CERTIFICATE OF SERVICE
I certify that a copy of this instrument was served via electronic mail on Mr. Mark
Aronowitz at markaronowitz@hotmail.com, and Mr. Greg East at geast@pbfcm.com.
By:
Edward J. (Nick) Nicholas
3
Exhibit A
For Official Governmental Use Only - Do Not Disseminate to the Public: 67711610 - Page 1 of 4
For Official Governmental Use Only - Do Not Disseminate to the Public: 67711610 - Page 2 of 4
For Official Governmental Use Only - Do Not Disseminate to the Public: 67711610 - Page 3 of 4
For Official Governmental Use Only - Do Not Disseminate to the Public: 67711610 - Page 4 of 4
I, Chris Daniel, District Clerk of Harris
County, Texas certify that this is a true and
correct copy of the original record filed and or
recorded in my office, electronically or hard
copy, as it appears on this date.
Witness my official hand and seal of office
this November 3, 2015
Certified Document Number:        67711610 Total Pages: 4
Chris Daniel, DISTRICT CLERK
HARRIS COUNTY, TEXAS
In accordance with Texas Government Code 406.013 electronically transmitted authenticated
documents are valid. If there is a question regarding the validity of this document and or seal
please e-mail support@hcdistrictclerk.com