Carrie M. Leo v. Tyler C. Thomas and Nicholas Stacey D/B/A Fragile Planet Wildlife Center, Formerly Known as Fragile Planet Wildlife Foundation ( 2021 )

NUMBER 13-21-00319-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
CARRIE M. LEO, Appellant,
v.
TYLER C. THOMAS AND
NICHOLAS STACEY D/B/A
FRAGILE PLANET WILDLIFE CENTER
FORMERLY KNOWN AS FRAGILE
PLANET WILDLIFE FOUNDATION, Appellees.
On appeal from the 444th District Court
of Cameron County, Texas.
MEMORANDUM OPINION
Before Justices Benavides, Longoria, and Tijerina
Memorandum Opinion by Justice Tijerina
On September 20, 2021, appellant Carrie M. Leo appealed the trial court’s default
judgment. By one issue, appellant contends that the trial court improperly determined that
she is not indigent. We dismiss this appeal as moot.
The record shows that during the pendency of this appeal, on October 28, 2021,
the trial court signed a final judgment finding appellant indigent thereby granting the relief
she seeks in this appeal. Thus, appellant’s issue complaining of the trial court’s failure to
find her indigent has been remedied, and we conclude that this appeal is therefore moot.
See Flamingo Permian Oil & Gas, L.L.C. v. Star Expl., L.L.C., 569 S.W.3d 329, 331 (Tex.
App.—El Paso 2019, no pet.) (dismissing an appeal as moot when the three complained-
of appellate issues were remedied by the trial court’s issuance of a subsequent order
executed while the appeal was pending); State v. Garza, 774 S.W.2d 724, 727 (Tex.
App.—Corpus Christi–Edinburg 1989, pet. ref’d) (“It is axiomatic that a cause becomes
moot when the appellate court’s judgment cannot have any practical legal effect upon a
controversy.”).
We dismiss the appeal as moot.
JAIME TIJERINA
Justice
Delivered and filed on the
10th day of November, 2021.
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