Opinion
No. 05-17-00961-CV
08-28-2017
BRIAN E. VODICKA, Appellant v. MICHAEL B. TOBOLOWSKY, Appellee
On Appeal from the 14th Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-15-08135
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Francis, and Justice Stoddart
Opinion by Justice Stoddart
In this appeal, Brian E. Vodicka challenges the trial court's order sustaining the contest to his affidavit of indigence. Vodicka filed the affidavit seeking to appeal without prepayment of costs an order granting Michael B. Tobolowsky's petition for presuit depositions of two individuals he did not anticipate suing. See TEX. R. CIV. P. 202. The appeal of the order granting Tobolowsky's petition is docketed as appellate cause number 05-17-00740-CV. On Vodicka's unopposed motion, we have dismissed that appeal by opinion issued this date. The dismissal of that appeal renders this appeal moot. See VE Corp. v. Ernst & Young, 860 S.W.3d 83, 84 (Tex. 1993) (per curiam) ("Generally, an appeal is moot when the court's action on the merits cannot affect the rights of the parties."). Accordingly, we dismiss the appeal. See TEX. R. APP. P. 42.3(a); Nat'l Collegiate Athletic Ass'n v. Jones, 1 S.W.3d 83, 86 (Tex. 1999) ("Appellate courts are prohibited from deciding moot controversies.").
/Craig Stoddart/
CRAIG STODDART
JUSTICE 170961F.P05
JUDGMENT
On Appeal from the 14th Judicial District Court, Dallas County, Texas
Trial Court Cause No. DC-15-08135.
Opinion delivered by Justice Stoddart. Chief Justice Wright and Justice Francis participating.
In accordance with this Court's opinion of this date, we DISMISS the appeal. Judgment entered this 28th day of August, 2017.