Valeria Marie Garcia v. Manuel Garcia ( 2011 )

MEMORANDUM OPINION
No. 04-10-00427-CV
Valeria Marie GARCIA,
Appellant
v.
Manuel GARCIA,
Appellee
From the 225th Judicial District Court, Bexar County, Texas
Trial Court No. 2009-CI-17691
Honorable Larry Noll, Judge Presiding
PER CURIAM
Sitting: Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Marialyn Barnard, Justice
Delivered and Filed: March 16, 2011
DISMISSED AS MOOT
This is an appeal from a default divorce decree. At the time the decree was signed, only
one of the children born to Valeria Marie Garcia and Manuel Garcia was a minor. The
complaints raised by Valeria in her pro se brief relate to the children. After Valeria filed her pro
se brief, appellee filed written notice that Valeria died.
Ordinarily, an appeal in a civil case is not abated due to the death of a party after the
rendition of judgment. TEX. R. APP. P. 7.1(a)(1). “However, nothing on the face of Rule
04-10-00427-CV
[7.1(a)(1)] dispenses with the requirement that there be an actual existing controversy between
the litigants.” Olson v. Comm’n for Lawyer Discipline, 901 S.W.2d 520, 523 (Tex. App.—El
Paso 1995, no writ). “Neither the Texas Constitution nor our State Legislature has vested
[appellate courts] with the authority to render advisory opinions.” Id. at 522. “When there has
ceased to be a controversy between the litigating parties due to events occurring after judgment
has been rendered by the trial court, the decision of an appellate court would be a mere academic
exercise and the court may not decide the appeal.” Id. Because Valeria has died, “the questions
concerning custody of the children of the parties have become moot.” Walsh v. Walsh, 562
S.W.2d 501, 502 (Tex. Civ. App.—San Antonio 1978, no writ); see also Black v. Black, 673
S.W.2d 269, 270 (Tex. App.—Texarkana 1984, no writ). Accordingly, this appeal is dismissed
as moot.
PER CURIAM
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