Ross O. Brown v. the County of Comal, Texas

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-14-00057-CV
Ross O. Brown, Appellant
v.
The County of Comal, Texas, Appellee
FROM THE DISTRICT COURT OF COMAL COUNTY, 274TH JUDICIAL DISTRICT
NO. T-7993C, HONORABLE JACK H. ROBISON, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Ross O. Brown appeals from the trial court’s judgment awarding
delinquent property taxes to the County of Comal, Texas. In his appellate brief, the only relief
requested by Brown is reversal or a stay of the trial court’s judgment to allow himself and his wife
time to pay off the delinquent property taxes.
The County has filed a motion to dismiss the appeal for want of jurisdiction. The
County’s motion states that payments have been made toward the delinquent taxes during the
pendency of the appeal and that the final payment was made on September 2, 2014, rendering
Brown’s appeal moot because no further controversy exists between the parties. See In re Kellogg
Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex. 2005) (orig. proceeding) (noting that case becomes
moot if controversy ceases to exist on appeal). Brown has not responded to the motion to dismiss,
and we conclude, based on our review of the record, that the appeal has become moot. See Tex. R.
App. P. 42.3(a).
“If a case is or becomes moot, the court must vacate any order or judgment previously
issued and dismiss the case for want of jurisdiction.” Heckman v. Williamson Cnty., 369 S.W.3d
137, 162 (Tex. 2012). Accordingly, we grant appellee’s motion, vacate the trial court’s judgment
signed on January 31, 2014, and dismiss this appeal as moot.
__________________________________________
David Puryear, Justice
Before Justices Puryear, Pemberton, and Field
Vacated and Dismissed for Want of Jurisdiction
Filed: January 22, 2015
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