Jared Parrish v. Guillermina Parrish ( 2021 )

Opinion issued October 19, 2021
In The
Court of Appeals
For The
First District of Texas
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NO. 01-21-00071-CV
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JARRED PARRISH, Appellant
V.
GUILLERMINA PARRISH, Appellee
On Appeal from the 215th District Court
Harris County, Texas
Trial Court Case No. 2018-72218
MEMORANDUM OPINION
Appellant, Jarred Parrish, appeals from the trial court’s judgment of
December 9, 2020, complaining in a single issue that the trial court’s award of
appellate attorney’s fees to appellee, Guillermina Parrish, was not properly
conditioned on an unsuccessful appeal. However, in a June 15, 2021 nunc pro tunc
judgment, the trial court inserted a single word in the judgment clarifying that the
appellate attorney’s fees were conditioned on an “unsuccessful” appeal. Neither
party challenges this modified judgment. This, appellant argues, renders his single
issue on appeal moot. We agree that the judgment nunc pro tunc resolves the only
issue raised by appellant in his appeal and that there is no longer any case or
controversy to be resolved by this Court. Absent a live case or controversy, this
Court lacks subject-matter jurisdiction. See Williams v. Lara, 52 S.W.3d 171, 184
(Tex. 2001) (“[i]f a controversy ceases to exist—the issues presented are no longer
‘live’ or the parties lack a legally cognizable interest in the outcome—the case
becomes moot.”).
Accordingly, we dismiss appellant’s appeal as moot. See TEX. R. APP. P.
43.2(a). Appellee requests that we award her $25,000 as sanctions. We dismiss the
case as moot, and we decline to award appellee sanctions. We further order that each
party pay their own costs incurred by reason of this appeal.
Sherry Radack
Chief Justice
Panel consists of Chief Justice Radack and Justices Rivas-Molloy and Guerra.
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