Shamar D. Bradley v. The Connor Group, Julie Bray Patterson, and Roberto A. Vazquez

Summary

The Fourth Court of Appeals of San Antonio dismissed an interlocutory appeal as moot after Shamar D. Bradley nonsuited all claims against the appellees. The court held that the nonsuit was effective upon filing and extinguished the live controversy concerning the trial court’s governmental-immunity ruling, regardless of whether it was served on the appellees. The court denied all pending motions.

Holdings

1. A nonsuit that abandons all claims extinguishes the case or controversy as to those claims and renders moot an interlocutory appeal concerning the trial court's ruling on those claims.
2. Service on the appellees was not required for Bradley's notice of nonsuit to take effect.
3. A pending sanctions request did not preserve a justiciable interest in the interlocutory immunity ruling.

Questions Presented

1. Whether Bradley's notice of nonsuit extinguished the live controversy and rendered his interlocutory appeal from the governmental-immunity ruling moot.
2. Whether the nonsuit was ineffective because it was not served on the appellees.
3. Whether a pending request for sanctions preserved a justiciable interest in the interlocutory appeal.

Disposition

dismissed