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dismissing as moot relator's appeal of an order denying his request to proceed as indigent because the trial court vacated the order subject to appeal
Summary of this case from In re HoltOpinion
NUMBER 13-20-00247-CV
11-12-2020
IN THE INTEREST OF S.H., J.H., C.H., AND J.H., CHILDREN
On appeal from the 105th District Court of Nueces County, Texas.
MEMORANDUM OPINION
Before Justices Benavides, Hinojosa, and Tijerina
Memorandum Opinion by Justice Hinojosa
On October 29, 2020, we issued a memorandum opinion and judgment in this appeal. The next day, a supplemental clerk's record was filed with this Court showing that the order subject to this appeal was vacated prior to this Court having issued its opinion. On our own motion, we withdraw our earlier opinion and judgment and substitute this opinion and judgment in their stead.
On February 13, 2020, appellant Christopher Wayne Holt filed a statement of inability to pay court costs in the trial court. On June 16, 2020, the trial court signed an order granting Holt's request for preparation of a reporter's record but denying Holt's "request for indigence relief." The order states, "All fees for transcript must be paid in advance prior to the preparation of said request." Holt timely filed a motion in this Court pursuant to Rule 145(g)(1) of the Texas Rules of Civil Procedure, challenging the trial court's order. See TEX. R. CIV. P. 145(g)(1). Subsequently, on September 21, 2020, the trial court signed an order vacating its June 16, 2020 order.
Appellate courts are prohibited from deciding a moot controversy. See Nat'l Collegiate Athletic Ass'n v. Jones, 1 S.W.3d 83, 86 (Tex. 1999); City of Farmers Branch v. Ramos, 235 S.W.3d 462, 469 (Tex. App—Dallas 2007, no pet.). If a controversy ceases to exist or the parties lack a legally cognizable interest in the outcome at any stage, the case becomes moot. Allstate Ins. Co. v. Hallman, 159 S.W.3d 640, 642 (Tex. 2005); Williams v. Lara, 52 S.W.3d 171, 184 (Tex. 2001). "[A] suit can become moot at any time, including on appeal, and . . . courts have an obligation to take into account intervening events that may render a lawsuit moot." Heckman v. Williamson Cty., 369 S.W.3d 137, 166-67 (Tex. 2012). If a proceeding becomes moot, the court must dismiss the proceeding for want of jurisdiction. See id. We conclude that this appeal became moot when the trial court vacated its June 16, 2020 order. Therefore, we dismiss this appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a). We further dismiss any other pending motions as moot.
LETICIA HINOJOSA
Justice Delivered and filed the 12th day of November, 2020.