Opinion
No. 05-15-01362-CV
04-27-2016
DIANA FAY BASS, Appellant v. RICHARD H. BASS, Appellee
On Appeal from the 401st Judicial District Court Collin County, Texas
Trial Court Cause No. 401-54722-2015
MEMORANDUM OPINION
Before Justices Lang-Miers, Evans, and Brown
Opinion by Justice Evans
This is an appeal from an interlocutory order appointing a receiver to sell a single piece of real property in accordance with the parties' mediated settlement agreement. Before the Court is appellee's motion to dismiss the appeal. Appellee contends the appeal is now moot because the property has been sold. Appellant did not file a substantive response to the motion to dismiss, merely a one-sentence motion to strike it.
Pursuant to the parties' mediated settlement agreement, appellee was awarded a piece of real property as his sole and separate property. When appellant refused to sign papers to facilitate appellee's sale of the property, appellee filed an emergency ex parte motion for appointment of a receiver. On November 2, 2015, the trial court signed an order granting the emergency motion. The property has been sold.
A case becomes moot if, at any stage of the proceedings, a controversy ceases to exist between the parties. See Williams v. Lara, 52 S.W.3d 171, 184 (Tex. 2001). Where a party appeals an order appointing a receiver and the property has been sold, the appeal of the order becomes moot. See Beard v. Beard, 49 S.W.3d 40, 71 (Tex. App.—Waco 2001, pet. denied).
Because the property that was the subject of the appealed interlocutory order appointing a receiver has been sold, the appeal from that order is now moot. See Beard, 49 S.W.3d at 71. Accordingly, we grant appellee's motion and dismiss the appeal. See TEX. R. APP. P. 42.3(a).
/David Evans/
DAVID EVANS
JUSTICE 151362F.P05
JUDGMENT
On Appeal from the 401st Judicial District Court, Collin County, Texas.
Trial Court Cause No. 401-54722-2015.
Opinion delivered by Justice Evans. Justices Lang-Miers and Brown participating.
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee RICHARD H. BASS recover his costs of this appeal from appellant DIANA FAY BASS. Judgment entered this 27th day of April, 2016.