Summary
The Eighth District Court of Appeals of Texas dismissed the appeal as moot after the underlying dispute was settled and the federal litigation was dismissed. The court held that no justiciable controversy remained and dismissed the appeal from the interlocutory order denying a plea to the jurisdiction.
Topics
Practice areas
Questions Presented
- Whether the interlocutory appeal should be dismissed as moot after the parties settled the underlying dispute and the related federal litigation was dismissed.
Holdings
- The appeal was moot because the parties' settlement and dismissal of the underlying federal litigation eliminated any continuing justiciable controversy.
Key quotations
“It is well established that a court is prohibited from deciding moot controversies. National Collegiate Athletic Association v. Jones, 1 S.W.3d 83, 86 (Tex. 1999).” (-2-)
“A case is moot if a justiciable controversy ceases to exist at any stage of the legal proceedings, including the appeal.” (-2-)
Factual background
The appeal arose from an underlying dispute between El Paso County Water Improvement District No. 1 and Comanche Trail Pipeline, LLC. The underlying case was removed to federal court, where the parties settled and the federal litigation was dismissed. Because the dispute had been resolved and no further proceedings were anticipated, the appellate court determined that no live controversy remained.
Procedural history
The trial court denied Appellant's plea to the jurisdiction, and Appellant brought an interlocutory appeal. The appellate court abated the appeal after the underlying case was removed to federal court. After the parties settled and the federal litigation was dismissed, the appellate court reinstated the appeal, notified the parties that it would dismiss the appeal as moot absent a showing that it should continue, received no response, and dismissed the appeal.