Opinion
05-24-00454-CV
12-27-2024
KERALA CHRISTIAN ADULT HOMES, LLC'S OBJECTING MEMBERS, THOMAS KOOVALLOOR A/K/A. THOMAS J. KOOVALLOOR, JOSEPH K. JOHN, ANNIE ABRAHAM, AMMINI MATHEW PERUMANNOOR, THERESA THOYALIL, MATHEW THOYALIL, BABY A. THOTTUKADAVIL, ALEYAMMA THOTTUKADAVIL, BRIGIT MISHRA, JAMES JOSEPH, M. CELIN JOSEPH, JAMES KADAVUNKAL, AND CICILIAMMA KADAVUNKAL, Appellants v. KEVIN D. MCCULLOUGH, Appellee
On Appeal from the 471st Judicial District Court, Collin County, Texas Trial Court Cause No. 471-05907-2017. Burns. Justices Molberg and Pedersen, III participating.
Before Chief Justice Burns, Justice Molberg, and Justice Pedersen, III
MEMORANDUM OPINION
ROBERT D. BURNS, III CHIEF JUSTICE
Appellants appeal from the trial court's March 28, 2024 order approving the wind-up of a receivership and the final distribution of receivership funds. Appellee, the appointed receiver, has filed a motion to dismiss the appeal as moot. For reasons explained below, we agree that the appeal is now moot.
Although the certificate of conference reflects appellants' opposition to the motion, appellants did not file any response.
An appeal becomes moot when subsequent events render it impossible for the appellate court to grant the requested relief sought in the appeal. See Williams v. Huff, 52 S.W.3d 171, 178 (Tex. 2001). Here, appellants challenge the trial court's order approving the receiver's planned distribution of funds. Appellants did not file a supersedeas bond to suspend enforcement of the order. Pursuant to the trial court's order, the receiver has distributed all funds. The distribution of all funds renders this appeal moot. See A Am. Stamp & Novelty Mfg. Co. v. Wettman, 658 S.W.2d 241, 243 (Tex. App.-Houston [1st Dist.] 1983, orig. proceeding) (denying petition for writ of mandamus where disbursement of funds by receiver rendered subject matter moot and prevented any effective redetermination of issues among recipients of distributed funds); see also Bass v. Bass, No. 05-15-01362-CV, 2016 WL 1703007, at *1 (Tex. App.-Dallas Apr. 27, 2016, pet. denied) (mem. op.) (appeal of order appointing receiver to sell single piece of property dismissed as moot because property had been sold). Because this appeal is now moot, we grant appellee's motion and dismiss the appeal. See Tex. R. App. P. 42.3(a).
JUDGMENT
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee KEVIN D. MCCULLOUGH recover his costs of this appeal from appellants KERALA CHRISTIAN ADULT HOMES, LLC'S OBJECTING MEMBERS, THOMAS KOOVALLOOR A/K/A. THOMAS J. KOOVALLOOR, JOSEPH K. JOHN, ANNIE ABRAHAM, AMMINI MATHEW PERUMANNOOR, THERESA THOYALIL, MATHEW THOYALIL, BABY A. THOTTUKADAVIL, ALEYAMMA THOTTUKADAVIL, BRIGIT MISHRA, JAMES JOSEPH, M. CELIN JOSEPH, JAMES KADAVUNKAL, AND CICILIAMMA KADAVUNKAL.
Judgment entered.