Emilio EsteVan Lopez v. Equity Residential Management LLC, St. John's West

Summary

The Eighth District Court of Appeals of Texas dismissed Lopez’s attempted appeal for want of jurisdiction after the underlying forcible-entry-and-detainer case was nonsuited and dismissed without prejudice. The court held that the nonsuit rendered the merits moot because no collateral matters remained. The court granted Equity Residential Management, LLC and St. John’s West’s motion to dismiss under Texas Rule of Appellate Procedure 42.3(a).

Holdings

1. When a plaintiff nonsuits a case and no collateral matters remain, the nonsuit renders the merits of the case moot.
2. When a controversy becomes moot, the court of appeals lacks subject-matter jurisdiction and must dismiss the appeal for want of jurisdiction.

Questions Presented

1. Whether the county court at law's nonsuit and dismissal rendered the attempted appeal moot.
2. Whether the court of appeals had subject-matter jurisdiction over the attempted appeal after the nonsuit and dismissal.

Disposition

dismissed