Opinion
NUMBER 13-15-00607-CV
04-07-2016
FIDENCIO JAIME, Appellant, v. CAMERON COUNTY, CITY OF HARLINGEN AND HARLINGEN CONSOLIDATED INDEPENDENT SCHOOL DISTRICT, Appellees.
On appeal from the 404th District Court of Cameron County, Texas.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Rodriguez and Garza
Memorandum OpinionPer Curiam
Appellant, Fidencio Jaime, appeals a final judgment rendered in trial court cause number 2014-DCL-02133-G in a proceeding regarding tax liens. Currently before the Court is a joint motion to dismiss this appeal filed by both appellant and appellees. According to the motion, the parties have agreed to resolve their dispute and as a result, there is no longer an issue in controversy in this appeal. The parties thus request that we dismiss this appeal on grounds that it is moot.
We conclude that this appeal is moot. See In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex. 2005) (orig. proceeding) ("A case becomes moot if a controversy ceases to exist between the parties at any stage of the legal proceedings . . ."); State Bar of Texas v. Gomez, 891 S.W.2d 243, 245 (Tex. 1994) (stating that, for a controversy to be justiciable, there must be a real controversy between the parties that will be actually resolved by the judicial relief sought). This Court has the authority to dismiss an appeal if there is no longer an issue in controversy. See Heckman v. Williamson Cnty., 369 S.W.3d 137, 154 (Tex. 2012); Tex. A&M Univ.-Kingsville v. Yarbrough, 347 S.W.3d 289, 291 (Tex. 2011).
The Court, having considered the documents on file and the joint motion to dismiss the appeal, is of the opinion that the motion should be granted. See TEX. R. APP. P. 42.1(a). The joint motion to dismiss is GRANTED and the appeal is hereby DISMISSED. Any pending motions are likewise DISMISSED. Because appellant has been determined to be indigent, we make no order regarding costs.
PER CURIAM Delivered and filed the 7th day of April, 2016.