Opinion
No. 04-06-00429-CV
Delivered and Filed: November 1, 2006.
Appeal from the 166th Judicial District Court, Bexar County, Texas, Trial Court No. 2006-CI-09232, Honorable Joe Frazier Brown, Jr., Judge Presiding.
Dismissed.
Sitting: Alma L. LÓPEZ, Chief Justice, Catherine STONE, Justice, Rebecca SIMMONS, Justice.
MEMORANDUM OPINION
On September 21, 2006, Appellant filed a motion to dismiss this appeal based on mootness. On September 26, 2006, we ordered the City of San Antonio to file a response to appellees' request. On October 9, 2006, we received a response from the City of San Antonio indicating that the City of San Antonio does not contest the non-suit filed by appellees and agrees the non-suit rendered the underlying dispute, and this appeal, moot. We have no jurisdiction to consider issues that are moot. FDIC v. Nueces County, 886 S.W.2d 766, 767 (Tex. 1994). Therefore, we grant appellees' motion and dismiss the appeal. See Tex.R.App.P. 42.1(a)(2). Costs of the appeal are taxed against the parties incurring the same.