of Sheffield, 233 Ala. 53, 166 So. 797; Arkansas Motor Freight Line v. Missouri-Pacific Freight Transport Co. (Ark.), 326 S.W.2d 820; Atlantic Seaboard Corp. v. Federal Power Comm., 200 F.2d 109, 797; Byrne v. Osias, 212 N.Y.S.2d 102; Denver, Etc. R. Co. v. Colorado Public Utility Comm., 142 Colo. 400, 351 P.2d 298; LaBello v. Victory Pattern Shop (Mich.), 88 N.W.2d 288; Missouri Freight, Etc. Co. v. Missouri Public Service Comm., 288 S.W.2d 679; Mosholder v. Public Utility Comm., 134 Ohio St. 52, 15 N.E.2d 777; Oceancrest Homes v. Golfbay Country Club, 153 N.Y.S.2d 331; Ott Prados v. New Orleans Coal Bisso Towboat Co. (La.), 55 So.2d 614; Rockville Park Homes v. Blumenfeld, 125 N.Y.S.2d 11; Saphire v. Bailey, 213 Ga. 655, 100 S.E.2d 729; Sellier v. Board of Election Commissioners of Harrison County, 174 Miss. 360, 164 So. 767; Sheldon v. Ladner, 205 Miss. 264, 38 So.2d 718; State of Minnesota v. Wolkoff (Minn.), 85 N.W.2d 401; State Roads Comm. of Maryland v. Hudson, 122 A.2d 553; State v. Society for Friendless Children (Texas), 111 S.W.2d 1075; Stevens Enterprises v. McDonnell, 226 Miss. 826, 85 So.2d 468; Tennessee Public Service Comm. v. City of Knoxville (Tenn.), 91 S.W.2d 566; Texas N.O.R. Co. v. Priddie (Texas), 95 S.W.2d 1290; Yates v. Beasley, 133 Miss. 301, 97 So. 676; 14 Am. Jur., Courts, Sec. 49. VII.
Because of these facts, I entertain serious doubts as to whether Gonzalez has satisfied the "case and controversy" requirement set out by this court. See City of West University Place v. Martin, 132 Tex. 354, 356, 123 S.W.2d 638, 639 (1939); State v. Society for Friendless Children, 130 Tex. 533, 534, 111 S.W.2d 1075, 1076 (1938). The provision under consideration in this cause is:
Candor required a disclosure to the court that Little had no further interest in the case; so the trial judge would not have submitted meaningless special issues that inquired about Wallace Company's negligence toward Little, Little's contributory negligence, and his damages. Connell v. B. L. McFarland Drilling Contractor, 162 Tex. 345, 347 S.W.2d 565 (1961); California Products, Inc. v. Puretex Lemon Juice, Inc., 160 Tex. 586, 334 S.W.2d 780 (1960); State v. Society for Friendless Children, 130 Tex. 533, 111 S.W.2d 1075 (1938); Gatto v. Walgreen Drug Co., 61 Ill.2d 513, 337 N.E.2d 23 (1975). Defendant Wallace Company contends that City of Houston waived its complaint because it failed to object to the jury argument, relying upon Turner v. Turner, 385 S.W.2d 230 (Tex. 1964), which holds that jury arguments may be cured by instruction after a timely objection is sustained.
This has been the course of action followed by this Court in a moot case for at least 94 years. See Lacoste v. Duffy, 49 Tex. 767 (1878); McWhorter v. Northcutt, 94 Tex. 86, 58 S.W. 720 (1900); Danciger Oil Refining Co. v. Railroad Commission, 122 Tex. 243, 56 S.W.2d 1075 (1933); Tarpley v. Epperson, 125 Tex. 63, 79 S.W.2d 1081 (1935); Texas N.O.R. Co. v. Priddie, 127 Tex. 629, 95 S.W.2d 1290 (1936); State v. Society for Friendless Children, 130 Tex. 533, 111 S.W.2d 1075 (1938); Iles v. Walker, 132 Tex. 6, 120 S.W.2d 418 (1938); Taylor v. Nealon, 132 Tex. 60, 120 S.W.2d 586 (1938); City of West University Place v. Martin, 132 Tex. 354, 123 S.W.2d 638 (1939); Freeman v. Burrows, 141 Tex. 318, 171 S.W.2d 863 (1943); Texas Foundries v. International Moulders F. Wkrs., 151 Tex. 239, 248 S.W.2d 460 (1952); Poole v. Giles, 151 Tex. 224, 248 S.W.2d 464 (1952). The course of action followed by this Court in a Moot case thus leaves standing no judgment of any kind which can have any detrimental direct or collateral Legal consequences. A judgment set aside for mootness is just as effectively denuded of collateral legal consequences as is a judgment set aside because of error committed during trial.
Respondents oppose the motion of petitioners but do not challenge the correctness of the order and resolution attached to the motion of petitioners and referred to above. Since petitioners are now subject to orders of the Federal courts requiring desegregation of the schools operated by the Georgetown Independent School District, and may not expend the funds of the District for a purpose contrary to such orders, we declare this case moot. Cf. State v. Society for Friendless Children, 130 Tex. 533, 111 S.W.2d 1075; United States and Interstate Commerce Commission v. Alaska Steamship Company et al., 253 U.S. 113, 40 S.Ct. 448, 64 L.Ed. 808. The application for writ of error is granted, the judgment of the Court of Civil Appeals, 368 S.W.2d 873, is vacated and, without further proceedings, the case is ordered dismissed.
Our courts will not continue to litigate a controversy that has ceased to exist and where the controversy between the parties has been settled. Padgitt v. Young County, 1921, 111 Tex. 98, 229 S.W. 459; California Products, Inc. v. Puretex Lemon Juice, Inc., Tex.Sup. 1960, 334 S.W.2d 780; State v. Society for Friendless Children, 1938, 130 Tex. 533, 111 S.W.2d 1075. The judgment of the trial court was based on a trespass and conversion prior to the trial of this cause.
However, the legislature may not delegate to an agency "arbitrary, uncontrolled, and unreviewable discretion." State v. Society for Friendless Children, 102 S.W.2d 318 (Tex.Civ.App.-Austin 1937), overruled on other grounds 111 S.W.2d 1075 (Tex. 1938). Generally, a legislative delegation of authority must be accompanied by standards or guidelines for the performance of the duties delegated in order to be valid. Higginbotham, supra; Med-Safe, Inc. v. State, 752 S.W.2d 638 (Tex.App.-Houston [1st Dist.] 1988, no writ); In re Johnson, 554 S.W.2d 775 (Tex.Civ.App.-Corpus Christi 1977), parties' writs of error respectively ref'd n.r.e. and dism'd w.o.j. 569 S.W.2d 882 (Tex. 1978); Oxford v. Hill, 558 S.W.2d 557 (Tex.Civ.App.-Austin 1977, writ ref'd); see also Attorney General Opinion JM-1134 (1990) (Texas Racing Act's attempted delegation of authority to Texas Racing Commission to regulate racetracks that do not allow pari-mutuel betting invalid for lack of standards).
An appeal is moot and an appellate court is precluded from deciding a case when no present legal controversy exists between the parties. State v. Society for Friendless Children, 130 Tex. 533, 111 S.W.2d 1075 (1938); Texas Dep't of Health v. Long, 659 S.W.2d 158, 160 (Tex.App. 1983, no writ). This prohibition of review of moot cases comes from the Texas Supreme Court's determination that Article V, section 8 of the Texas Constitution prohibits the rendition of advisory opinions.
The Company's first claim for relief fails, because any controversy regarding the bidding process is moot. The construction is complete; the bridge is open. Because no subject matter remains for this Court to act upon, the claim is moot. Texas Parks and Wildlife Department v. Texas Association of Bass Clubs, 622 S.W.2d 594, 596 (Tex.App. 1981, writ ref'd n.r.e.). Texas courts will not decide a moot issue. See State v. Society for Friendless Children, 130 Tex. 533, 111 S.W.2d 1075 (1938). The other two issues, violation of art. 1475 and an unconstitutional taking, have been previously decided.
We hold that in defining regular care and the minimum standards regulating registered family homes, the Department of Human Resources was exercising its duty to establish rules, regulations, and minimum standards reasonably necessary to carry out the express purposes of chapter 42 of the Texas Human Resources Code. The appellant relies on the case of State v. Society for Friendless Children, 102 S.W.2d 318 (Tex.Civ.App. — Austin 1937), rev'd on other grounds, 130 Tex. 533, 111 S.W.2d 1075 (1938), for the proposition that the legislature may not delegate to an administrative board an "arbitrary, uncontrolled, and unreviewable discretion." This principle is correct, but it is not relevant to the case at bar in that chapter 42 of the Texas Human Resources Code sets forth guidelines which the Department of Human Resources must follow in carrying out its responsibilities and sets forth in detail the method by which one may appeal the decisions of the Department. TEX.HUM.RES CODE ANN. Sec. 42 (Vernon 1980).