T. Christopher Robson v. Garrett Gilbreath and David Gilbreath

No. 03-07-00540-CV · Texas Court of Appeals, Third District, at Austin · August 1, 2008 · No. 03-07-00540-CV

Summary

The Texas Court of Appeals, Third District, dismissed T. Christopher Robson’s appeal as moot. The appeal challenged the same order addressed in a prior appeal, which had become final and was resolved by an opinion and judgment issued the same day.

Court
Texas Court of Appeals, Third District, at Austin
Writing for the Court
Justice Patterson; Justice Pemberton; Justice Waldrop
Jurisdiction
Texas
Decision date
August 1, 2008
Docket number
03-07-00540-CV
Procedural posture
Robson filed this appeal from an order of the Travis County District Court. After the order became final and appealable, the court reinstated a prior appeal involving the same order and issued an opinion and judgment resolving all issues; the court dismissed this duplicative appeal as moot.
Precedential value
Published memorandum opinion
Parties
T. Christopher Robson v. Garrett Gilbreath, David Gilbreath
Disposition
dismissed

Topics

mootnessinterlocutory appealappellate procedurecivil procedure

Practice areas

appellate procedurecivil procedure

Questions Presented

  1. Whether the appeal should be dismissed as moot after a separate appeal involving the same order was reinstated and resolved.

Holdings

  1. The appeal was moot because the court's opinion and judgment in the prior appeal disposed of all issues presented in this appeal.

Key quotations

As our opinion and judgment in that case dispense with all issues in this appeal, this appeal is dismissed as moot.

Factual background

Robson challenged an order in the Travis County district court. The same order was the subject of an earlier appeal that was initially dismissed as interlocutory, but the trial court later entered a final judgment, making the order final and appealable. The earlier appeal was reinstated and resolved by a separate opinion and judgment.

Procedural history

A prior appeal challenging the same order was initially dismissed as interlocutory on August 9, 2007. After Robson obtained a final judgment on August 24, 2007, he moved to reinstate the prior appeal and separately filed the notice of appeal in this cause. The prior appeal was reinstated, and the court issued an opinion and judgment that disposed of all issues presented in this appeal.

Court Document

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