Opinion
NUMBER 13-17-00321-CV
06-29-2017
ANTHONY PAUL TROIANI, Appellant, v. CHRISTINE YVETTE TROIANI, Appellee.
On appeal from the 444th District Court of Cameron County, Texas.
MEMORANDUM OPINION
Before Justices Contreras, Benavides, and Longoria
Memorandum Opinion by Justice Longoria
Appellant Anthony Paul Troiani filed a notice of appeal "to the assignment and to the findings and order entered on March 23, 2017 by the Honorable Robert C. Pate" in the 444th District Court of Cameron County in trial court cause number 2013-DCL-04275. By memorandum opinion issued in our cause number 13-17-00204-CV, In re Anthony P. Troiani, arising from the same trial court proceeding, this Court conditionally granted a petition for writ of mandamus and directed the Honorable Robert C. Pate to vacate the orders that he has issued since June 6, 2016 and to withdraw from any further proceedings in the matter. See In re Troiani, No. 13-17-00204-CV, 2017 WL ___, at *___ (Tex. App.—Corpus Christi June 27, 2017, orig. proceeding) (mem. op.). Accordingly, this Court has already set aside the rulings now subject to appeal in this case. See id.
Appellate courts are prohibited from deciding a moot controversy. See Nat'l Collegiate Athletic Ass'n v. Jones, 1 S.W.3d 83, 86 (Tex. 1999); City of Farmers Branch v. Ramos, 235 S.W.3d 462, 469 (Tex. App.—Dallas 2007, no pet.). If a controversy ceases to exist or the parties lack a legally cognizable interest in the outcome at any stage, the case becomes moot. Allstate Ins. Co. v. Hallman, 159 S.W.3d 640, 642 (Tex. 2005); Williams v. Lara, 52 S.W.3d 171, 184 (Tex. 2001). "[A] suit can become moot at any time, including on appeal, and . . . courts have an obligation to take into account intervening events that may render a lawsuit moot." Heckman v. Williamson Cnty., 369 S.W.3d 137, 166-67 (Tex. 2012). If a proceeding becomes moot, the court must dismiss the proceeding for want of jurisdiction. See id.
We conclude that this appeal is now moot. We dismiss this appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).
NORA L. LONGORIA
Justice Delivered and filed the 29th day of June, 2017.