Theodore R. McMillin v. Julie Marie McMillin ( 2015 )

NUMBER 13-14-00288-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
THEODORE R. MCMILLIN, Appellant,
v.
JULIE MARIE MCMILLIN, Appellee.
____________________________________________________________
On appeal from the 444th District Court of
Cameron County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Benavides and Perkes
Memorandum Opinion Per Curiam
By two issues, appellant Theodore McMillin appeals the trial court’s dismissal of
his petition for divorce. Appellee, Julie Marie McMillin, has filed a motion to dismiss this
appeal on grounds that intervening events have rendered the appeal moot. Appellant
has filed a response to the motion to dismiss in which he agrees that the appeal is now
moot.
The Court, having considered the documents on file and the appellee’s unopposed
motion to dismiss the appeal, is of the opinion that the motion should be granted. See
In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex. 2005) (orig. proceeding) (“A
case becomes moot if a controversy ceases to exist between the parties at any stage of
the legal proceedings . . .”); State Bar of Tex. v. Gomez, 891 S.W.2d 243, 245 (Tex. 1994)
(stating that, for a controversy to be justiciable, there must be a real controversy between
the parties that will be actually resolved by the judicial relief sought). Appellee’s motion
to dismiss is granted and the appeal is hereby DISMISSED as moot. Costs will be taxed
against appellant. See TEX. R. APP. P. 42.1(d) ("Absent agreement of the parties, the
court will tax costs against the appellant."). Pending motions, if any, are likewise
DISMISSED.
PER CURIAM
Delivered and filed the
22nd day of October, 2015.
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