State v. Energy Transfer Fuel, LP

DISMISS and Opinion Filed December 18, 2018
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-00264-CV
THE STATE OF TEXAS, Appellant
V.
ENERGY TRANSFER FUEL, LP, Appellee
On Appeal from the County Court at Law No. 6
Collin County, Texas
Trial Court Cause No. 006-00545-2016
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Evans, and Justice Brown
Opinion by Chief Justice Wright
We reinstate this appeal. The appeal was abated pending the Court’s determination of the
State of Texas’s mandamus petition seeking to have the judgment challenged in this appeal, as
well as another judgment and other orders, vacated as void. By opinion dated November 14, 2018,
we conditionally granted mandamus relief. See In re State of Tex., No. 05-18-00686-CV, 2018
WL 5961735 *1 (Tex. App.—Dallas Nov. 14, 2018, orig. proceeding) (mem. op.). Our disposition
of the mandamus petition moots this appeal as no live controversy remains. Matthews v. Kountze
Indep. Sch. Dist., 484 S.W.3d 416, 418 (Tex. 2016). Because we do not have jurisdiction over
moot controversies, we dismiss the appeal. See 42.3(a)(1); Matthews, 484 S.W.3d at 418.
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
180264F.P05
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
THE STATE OF TEXAS, Appellant On Appeal from the County Court at Law
No. 6, Collin County, Texas
No. 05-18-00264-CV V. Trial Court Cause No. 006-00545-2016.
Opinion delivered by Chief Justice Wright.
ENERGY TRANSFER FUEL, LP, Justices Evans and Brown participating.
Appellee
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
We ORDER Energy Transfer Fuel, LP recover its costs, if any, of this appeal from
appellant the State of Texas.
Judgment entered December 18, 2018.
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