Opinion
NO. 12-17-00115-CV
05-10-2017
HELEN MAYFIELD, APPELLANT v. OVERTON INDEPENDENT SCHOOL DISTRICT, RUSK COUNTY, CITY OF OVERTON, RUSK COUNTY GROUND-WATER CONSERVATION DISTRICT, AND KILGORE COLLEGE, APPELLEES
APPEAL FROM THE 4TH JUDICIAL DISTRICT COURT RUSK COUNTY , TEXAS MEMORANDUM OPINION
Helen Mayfield appeals from a tax foreclosure judgment dated February 1, 2017. On April 4, Appellees, Overton Independent School District, Rusk County, City of Overton, Rusk County Groundwater Conservation District, and Kilgore College, filed a petition to vacate the judgment in accordance with section 33.56 of the Texas Tax Code. On April 13, the trial court granted the motion and vacated the February 1 tax judgment. Appellees subsequently filed a motion to dismiss Mayfield's appeal as moot.
On April 26, we notified Mayfield that Appellees had filed a motion to dismiss and we requested that Mayfield respond to the motion on or before May 8, 2017. The deadline has passed and this Court has not received a response to Appellees' motion to dismiss.
"Appellate courts are prohibited from deciding moot controversies[.]" Klein v. Hernandez , 315 S.W.3d 1, 3 (Tex. 2010). If an appeal is moot, we must dismiss it. Laney v. State , 223 S.W.3d 656, 659 (Tex. App.—Tyler 2007, no pet.). In this case, there is no longer an appealable final judgment. See Lehmann v . Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); see also Zapata v . Clear Creek Indep. School Dist., No. 01-15-00346-CV, 2015 WL 7737626 at *1 (Tex. App.—Houston [1st Dist.] Dec. 1, 2015, no pet.) (mem. op.) (dismissing appeal for want of jurisdiction when trial court vacated judgment under section 33.56 of tax code); see also Barua v . County of Dallas , 100 S.W.3d 629, 635 (Tex. App.—Texarkana 2003, pet. denied) (stating section 33.56 places no time limits on seeking an order vacating a tax judgment). Accordingly, the appeal is moot and is dismissed for want of jurisdiction. See Klein , 315 S.W.3d at 3; see also Zapata , 2015 WL 7737626, at *1; Laney , 223 S.W.3d at 659; see also TEX. R. APP. P. 43.2(f). Opinion delivered May 10, 2017.
Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.
(PUBLISH)
COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT OF TEXAS
JUDGMENT
Appeal from the 4th District Court of Rusk County, Texas (Tr.Ct.No. 2015-224)
THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this Court that this appeal should be dismissed.
It is therefore ORDERED, ADJUDGED and DECREED by this Court that this appeal be, and the same is, hereby dismissed for want of jurisdiction; and that this decision be certified to the court below for observance.
By per curiam opinion.
Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.