Ellen v. Brazos C Sheriff

Full title: SONNY ELLEN D/B/A SONNY ELLEN BAIL BONDS, Appellant v. BRAZOS COUNTY…

Court: Court of Appeals of Texas, Tenth District, Waco

Date published: Jan 24, 2007

No. 10-06-00046-CV (Tex. App. Jan. 24, 2007)

Opinion

No. 10-06-00046-CV.

Opinion delivered and filed on January 24, 2007.

Appeal from the 85th District Court, Brazos County, Texas, Trial Court No. 04-003202-CV-85.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.

MEMORANDUM OPINION

TOM GRAY, Chief Justice.

This appeal as originally filed was a suit under the Declaratory Judgment Act to determine whether the Brazos County Bail Bond Board had determined and applied the proper bond to security ratio in determining the amount of bonds Ellen could issue under License Number 1-02 issued by the Board. See TEX. OCC. CODE ANN. § 1704.203 (Vernon 2004). On cross motions for summary judgment, the trial court granted the summary judgment of the Board. Ellen brought this appeal.

While this appeal was pending, Ellen's license came up for renewal. The license was temporarily extended but ultimately it was not renewed. Ellen has not appealed that determination. Ellen has applied for a new license. The Board has filed a motion to dismiss the appeal as moot.

Because Ellen no longer holds the license under which he sought a determination of the proper bond to security ratio, and because there was, at the time of filing this appeal, no determination of the bond to security ratio under a new license,¹ the issue which was the subject of this appeal is now moot. While the dispute may be capable of repetition, there is no reason to believe that it will be incapable of review at that time. See General Land Office v. OXY U.S.A., Inc., 789 S.W.2d 569, 571 (Tex. 1990). Because there is no current dispute between the parties that an order of this Court can resolve, we grant the Board's motion and dismiss this appeal as moot.

1 As of this date, it is not known whether the Board approved the issuance of a new license or, if it was denied, whether that denial is under review. But this is immaterial to the disposition of the pending appeal. If the Board issues a new license and the existing dispute is repeated in relation to the new license, it will be necessary for Ellen to pursue a new suit and appeal at the time that issue again becomes ripe for determination.

Motion granted

Appeal dismissed