Barbara Moss-Schulze v. EMC Mortgage Corporation

Summary

The Eighth District Court of Appeals of Texas dismissed Barbara Moss-Schulze’s appeal as moot after the property involved in EMC Mortgage Corporation’s foreclosure proceeding was sold. The court held that any judgment would have no effect on an existing controversy and granted EMC’s motion to dismiss.

Holdings

1. The appeal became moot because the property that was the subject of the litigation had been sold, leaving no existing controversy that a judgment could affect.

Questions Presented

1. Whether the appeal became moot because the property that was the subject of the foreclosure litigation had been sold.
2. Whether the court should dismiss the moot appeal.

Disposition

dismissed