AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number

MYRA A. HILL, DAVID B. ROGERS, AND UNIVERSAL LOGISTICS, INC., Appellants v. DAVID MEEK, ET AL., Appellees.

MEMORANDUM OPINION

Memorandum Opinion by JOSH R. MORRISS, III, Chief Justice.

Myra A. Hill, David B. Rogers, and Universal Logistics, Inc., have filed a notice of appeal. This is an appeal transferred to this Court from the First District Court of Appeals in Houston. The record was due to be filed no later than October 16, 2002. Appellants have chosen not to provide a record. On January 21, 2003, Appellants filed a motion asking this Court to abate the appeal. They stated they had signed a settlement agreement on September 20, 2002. They asked this Court to abate the case for six months while Appellants continue to make payments pursuant to the settlement agreement.

We overruled the motion. We also warned counsel that, because the case had been settled, no real controversy existed, and reminded them that, in the absence of a controversy between the parties, an appeal is moot. We then gave counsel ten days to provide this Court with an explanation adequate to show us why the appeal should continue, and warned counsel that, in the absence of such an explanation, the appeal would be dismissed.

In such a situation, there has ceased to be a controversy, and any decision by this Court would be an impermissible advisory opinion. Olson v. Comm'n for Lawyer Discipline, 901 S.W.2d 520 (Tex.App.-El Paso 1995, no writ). When a case becomes moot, the only proper judgment is one dismissing the cause. Polk v. Davidson, 145 Tex. 200, 196 S.W.2d 632, 633 (1946).

We dismiss the appeal.

Use AI to get other relevant cases.

Comments

HILL v. MEEK, 06-02-00153-CV (Tex.App.-Texarkana 3-3-2003)
(Mar 3, 2003)