Sandra Maribel Arroyo v. Cristo Rey Garza ( 2018 )

NUMBER 13-17-00496-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
SANDRA MARIBEL ARROYO, Appellant,
v.
CRISTO REY GARZA, Appellee.
____________________________________________________________
On appeal from the County Court at Law No. 5
of Hidalgo County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Rodriguez and Benavides
Memorandum Opinion by Chief Justice Valdez
By one issue, appellant Sandra Maribel Arroyo asserts that “the trial court lacked
subject matter jurisdiction” over this forcible-detainer action “because the question of
ownership to the property remains unresolved, and the trial court is legally unauthorized
to resolve land title disputes.” Appellee Cristo Rey Garza has filed a motion to dismiss
this appeal on grounds that the issue presented here has become moot. Garza asserts
that any questions pertaining to ownership of this property has been resolved in his favor.
See Arroyo v. Garza, No. 13-16-00633-CV, 2018 WL 3583789, at *1 (Tex. App.—Corpus
Christi July 26, 2018, no pet. h.) (mem. op.); Arroyo v. Garza, No.13-15-00211-CV, 2015
WL 9487259, at *1 (Tex. App.—Corpus Christi Dec. 29, 2015, no pet.) (mem. op.).
Appellate courts are prohibited from deciding a moot controversy. See Nat’l
Collegiate Athletic Ass’n v. Jones, 1 S.W.3d 83, 86 (Tex. 1999); City of Farmers Branch
v. Ramos, 235 S.W.3d 462, 469 (Tex. App.—Dallas 2007, no pet.) (noting that a court
may only decide issues presenting “a live controversy at the time of the decision”). If a
controversy ceases to exist or the parties lack a legally cognizable interest in the outcome
at any stage, the case becomes moot. Allstate Ins. Co. v. Hallman, 159 S.W.3d 640,
642 (Tex. 2005); Williams v. Lara, 52 S.W.3d 171, 184 (Tex. 2001). “[A] suit can
become moot at any time, including on appeal, and . . . courts have an obligation to take
into account intervening events that may render a lawsuit moot.” Heckman v.
Williamson Cnty., 369 S.W.3d 137, 166–67 (Tex. 2012). If a proceeding becomes
moot, the court must dismiss the proceeding for want of jurisdiction. See id.
The Court, having examined and fully considered appellant’s brief, the documents
on file, and appellee’s motion to dismiss, is of the opinion that this appeal has been
rendered moot. Accordingly, we grant appellee’s motion and dismiss the appeal as
moot. All pending motions, if any, are likewise dismissed as moot.
/s/ Rogelio Valdez
ROGELIO VALDEZ
Chief Justice
Delivered and filed the
9th day of August, 2018.
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