Opinion
08-20-00173-CV
10-21-2021
ANNA KUDIMOVA, Appellant, v. ALEKSEI KUDIMOV, Appellee.
Appeal from the 53rd District Court of Travis County, Texas (TC# D-1-FM-19-007227)
Before Rodriguez, C.J., Palafox, and Alley, JJ.
This case was transferred from our sister court in the Third District of Texas at Austin (appellate case no. 03-20-00371-CV), and we decide it in accordance with the precedent of that court. Tex.R.App.P. 41.3.
GINA M. PALAFOX, JUSTICE
Anna Kudimova (Appellant) filed this notice of appeal on July 20, 2020, appealing an Agreed Final Decree of Divorce entered by the 53rd District Court of Travis County, Texas on January 10, 2020. Appellant's restricted appeal asserted she had not participated in the final hearing to enter the decree and there was error on the face of the record as the trial court made no findings to support a deviation from guideline child support.
On October 1, 2021, after briefing was completed, Appellant filed a motion seeking voluntary dismissal of her appeal asserting that issues had been resolved. Appellant, however, 1 further indicated within the certificate of conference of the motion that Appellee was opposed to the dismissal of the appeal. We requested a response from Appellee on October 5, 2021, to be due on October 15, 2021. Tex.R.App.P. 10.1(b). On October 18, 2021, Appellee filed a letter indicating he was opposed to Appellant's voluntary dismissal. Without otherwise providing any legal ground or citation to authority, Appellee merely indicates by his letter that this Court's decision would affect "future proceedings between the parties."
An appellate court may dismiss an appeal in accordance with an appellant's motion. Tex.R.App.P. 42.1(a)(1). Because of the assertion that the issues before this Court have been resolved and there appears to be no other live controversy, we conclude this appeal is moot. See In Interest of G.E.D., No. 05-16-01285-CV, 2018 WL 507673, at *1 (Tex. App.-Dallas Jan. 23, 2018, no pet.) (mem. op.) (holding appellate courts lack jurisdiction to decide a moot controversy when the issues presented are no longer "live" or the parties lack a legally cognizable interest in the outcome). Additionally, no other party has filed a notice of appeal and no opinion has been issued. See Tex. R. App. P. 42.1(a)(1). Finally, Appellant indicates she no longer wishes to prosecute her appeal and there are no other live controversies before the Court. Accordingly, we grant Appellant's motion and dismiss this appeal. Tex.R.App.P. 42.3(a), (b). 2