Opinion
04-22-00124-CV
06-15-2022
IN THE INTEREST OF P.R.D., a Child
From the 408th Judicial District Court, Bexar County, Texas Trial Court No. 2020PA02325 Honorable Kimberly Burley, Judge Presiding
Sitting: Rebeca C. Martinez, Chief Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice
MEMORANDUM OPINION
PER CURIAM.
A.B. appealed the trial court's order terminating her parental rights to her child, P.R.D. The trial court's order appointed the Texas Department of Family and Protective Services as the child's sole managing conservator. On May 2, 2022, the attorney for appellant filed a motion to dismiss this appeal due to appellant's death.
Rule 7.1 of the Texas Rules of Appellate Procedure provides that in a civil case, the appeal proceeds upon the death of a party as if all parties were alive. Tex.R.App.P. 7.1(a). However, the rule does not dispense with the requirement of an existing, actual controversy, and "generally an appeal will be allowed to proceed on the death of a party only if the judgment affects the parties' property rights as opposed to purely personal rights." In re S.R.F., No. 04-21-00049-CV, 2021 WL 3742680, at *1 (Tex. App.-San Antonio Aug. 25, 2021, pet. denied) (citation omitted). “Conservatorship and possessory rights regarding children are considered personal rights; thus, the death of a party during an appeal of an order concerning child custody will generally moot the appeal." Id. at *2. A court of appeals has no jurisdiction to decide moot controversies. See Heckman v. Williamson Cnty., 369 S.W.3d 137, 162 (Tex. 2012); City of Floresville v. Gonzalez-Dippel, No. 04-20-00070-CV, 2020 WL 4606902, at *2 (Tex. App.-San Antonio Aug. 12, 2020, no pet.).
The order terminating A.B.'s parental rights to her child does not include a monetary award and does not affect her property rights. A.B.'s interest in regaining possession and conservatorship of her child is personal in nature. See In re S.R.F., 2021 WL 3742680, at *2; In re L.J.G., No. 04-18-00950-CV, 2019 WL 1547552, at *1 (Tex. App.-San Antonio Apr. 10, 2019, no pet.). We hold that because of A.B.'s death, the justiciable controversy concerning her parent-child relationship no longer exists and the appeal is moot. See In re S.R.F., 2021 WL 3742680, at *2; In re L.J.G., 2019 WL 1547552, at *1. Consequently, we dismiss this appeal for want of jurisdiction. See Heckman, 369 S.W.3d at 162; In re S.R.F., 2021 WL 3742680, at *2; In re L.J.G., 2019 WL 1547552, at *1.