City of Alamo v. Montes

934 S.W.2d 85, 40 Tex. Sup. Ct. J. 108, 1996 Tex. LEXIS 161, 1996 WL 665628

Opinions

We granted this cause to consider whether the court of appeals erred in affirming an injunction requiring the City of Alamo to reinstate Minerva Montes to her position as city secretary. 904 S.W.2d 727, 734. The court of appeals affirmed the injunction based upon the jury’s finding that Montes was fired primarily for political reasons. Id. Montes has now resigned her position. She moves to dismiss this case on the basis that it is moot. We agree that the case is now moot.

Montes’s resignation leaves no live controversy between the parties. See Speer v. Presbyterian Children’s Home, 847 S.W.2d 227, 228-29 (Tex.1993). Under these circumstances, any opinion we might issue would be strictly advisory. Id. at 229. Therefore, in accordance with Rule 170 of the Texas Rules of Appellate Procedure, without hearing oral argument and without reference to the merits, we vacate the judgment of the court of appeals and of the trial court and dismiss this case as moot. Id. at 228. Our disposition of this case should not be construed as either approving or disapproving of the court of appeals’ opinion.

GONZALEZ, J., filed a concurring opinion.