in the Interest of A.R.A. and O.A., Children ( 2014 )


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  •                                    COURT OF APPEALS
    EIGHTH DISTRICT OF TEXAS
    EL PASO, TEXAS
    §
    No. 08-14-00220-CV
    §
    IN THE INTEREST OF                                                 Appeal from
    §
    A.R.A. AND O.A., CHILDREN.                                     383rd District Court
    §
    of El Paso County, Texas
    §
    (TC # 2010CM8846)
    §
    MEMORANDUM OPINION
    Appellant, Dr. Manuel Aranda, Jr., has filed a motion to dismiss this appeal because the
    trial court has entered an agreed order vacating the award of interim attorney’s fees. Courts do
    not have jurisdiction to provide advisory opinions, or to decide cases on hypothetical or
    contingent facts. Valley Baptist Medical Center v. Gonzalez, 
    33 S.W.3d 821
    , 822 (Tex. 2000);
    Beltran v. Beltran, 
    324 S.W.3d 107
    , 110 (Tex.App.--El Paso 2010, no pet.). The mootness
    doctrine precludes a court from rendering an advisory opinion. Camarena v. Texas Employment
    Commission, 
    754 S.W.2d 149
    , 151 (Tex. 1988); 
    Beltran, 324 S.W.3d at 110
    . A case is rendered
    moot when: (1) it appears that a party seeks to obtain a judgment upon some controversy, when
    in reality none exists; or (2) a party seeks a judgment upon some matter which cannot have a
    practical legal effect upon a then existing controversy. 
    Beltran, 324 S.W.3d at 110
    . The parties’
    resolution of the dispute between them and the trial court’s entry of the agreed order vacating the
    award of attorney’s fees has rendered this appeal moot. Accordingly, we grant Appellant’s
    motion and dismiss the appeal as moot.
    August 13, 2014
    ANN CRAWFORD McCLURE, Chief Justice
    Before McClure, C.J., Rivera, and Rodriguez, JJ.
    Rivera, J., not participating
    2
    

Document Info

Docket Number: 08-14-00220-CV

Filed Date: 8/13/2014

Precedential Status: Precedential

Modified Date: 10/16/2015