Eddie De Leon v. Padron Plumbing, Inc.

• Court: Court of Appeals of Texas
• Decided: March 28, 2019
• Docket: 13-19-00002-CV
• Status: Published

Opinion

NUMBER 13-19-00002-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

EDDIE DE LEON, Appellant,

v.

PADRON PLUMBING, INC., Appellee. ____________________________________________________________

On appeal from the County Court at Law No. 1 of Hidalgo County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Chief Justice Contreras and Justices Longoria and Perkes Memorandum Opinion by Justice Perkes

Appellant Eddie De Leon appealed a judgment rendered by the County Court at

Law No. 1 of Hidalgo County, Texas in favor of Padron Plumbing, Inc. in trial court cause

number CL-18-6144-A. Appellant has now filed a motion to dismiss this appeal. He

contends that the parties have reached an agreement regarding resolution of the case,

therefore, the appeal is moot. The Court, having examined and fully considered appellant’s motion to dismiss

and the papers on file in this appeal, is of the opinion that the appeal is moot. See City

of Krum, Tex. v. Rice, 543 S.W.3d 747, 749 (Tex. 2017) (per curiam) (stating that a case

is moot when either no live controversy exists between the parties or the parties have no

legally cognizable interest in the outcome); Heckman v. Williamson Cty., 369 S.W.3d 137,

162 (Tex. 2012) (“Put simply, a case is moot when the court’s action on the merits cannot

affect the parties’ rights or interests.”); In re Kellogg Brown & Root, Inc., 166 S.W.3d 732,

737 (Tex. 2005) (orig. proceeding) (“A case becomes moot if a controversy ceases to

exist between the parties at any stage of the legal proceedings, including the appeal.”).

Accordingly, we GRANT appellant’s motion to dismiss this appeal and we DISMISS the

appeal as moot.

GREGORY T. PERKES Justice

Delivered and filed the 28th day of March, 2019.