Opinion
NO. 09-11-00727-CV
05-03-2012
TOMAAS HERRON STITTEM, Appellant v. CLARISSA FREDRIKA JOHNNIE, Appellee
On Appeal from the 279th District Court
Jefferson County, Texas
Trial Cause No. F-186,523-D
MEMORANDUM OPINION
Appellant Tomaas Herron Stittem appealed from the trial court's contempt order of September 14, 2011, pursuant to which Stittem was committed to the county jail for 173 days. We questioned our jurisdiction over the appeal, since it appeared that Stittem has discharged his term of commitment, and we requested written responses to our jurisdictional inquiry. Stittem did not respond. The Office of the Attorney General filed a response, as well as a proof of release affidavit from the Jefferson County Sheriff's office. The affiant averred that Stittem was released from custody on March 4, 2012.
Because events that occurred after the filing of this appeal have rendered this proceeding moot, we dismiss the appeal. See Bd. of Adjustment of the City of San Antonio v. Wende, 92 S.W.3d 424, 427 (Tex. 2002) (A case becomes moot if a controversy ceases to exist.); Camarena v. Tex. Emp't Comm'n, 754 S.W.2d 149, 151 (Tex. 1988) (A court should only decide cases in which a live controversy exists at the time of the decision.); In re Campbell, 106 S.W.3d 788, 788 (Tex. App.—Texarkana 2003, orig. proceeding) (When the contempt order complained of no longer existed, petition for writ of mandamus became moot.).
APPEAL DISMISSED.
STEVE McKEITHEN
Chief Justice
Before McKeithen, C.J., Gaultney and Kreger, JJ.