Livingston Independent School District Board of Trustees v. David "Mark" Davis II

• Court: Court of Appeals of Texas
• Decided: July 3, 2025
• Docket: 09-25-00110-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-25-00110-CV __________________

LIVINGSTON INDEPENDENT SCHOOL DISTRICT BOARD OF TRUSTEES, Appellant

V.

DAVID “MARK” DAVIS II, Appellee

__________________________________________________________________

On Appeal from the 411th District Court Polk County, Texas Trial Cause No. CIV24-0734 __________________________________________________________________

MEMORANDUM OPINION

In this accelerated appeal from the denial of a plea to the jurisdiction,

Appellant Livingston Independent School District Board of Trustees challenges the

standing of Appellee David “Mark” Davis II to bring a claim in District Court under

the Texas Public Information Act. Davis filed a Notice of Nonsuit Without Prejudice

and a Motion to Dismiss this accelerated appeal. Davis states that he filed the notice

of nonsuit to formally withdraw all his claims for relief in Trial Cause Number

1 CIV24-0734, including his request for relief under the Texas Public Information Act,

so that the entire case is now moot. The Board does not oppose Davis’s suggestion

of mootness, and requests that we instruct the trial court to dismiss the cause.

Accordingly, we grant the motion to dismiss this accelerated appeal. See Tex. R.

App. P. 43.2(f). We issue the mandate immediately so that the trial court may dismiss

the case as moot. See Tex. R. App. P. 18.6.

APPEAL DISMISSED.

PER CURIAM

Submitted on July 2, 2025 Opinion Delivered July 3, 2025

Before Golemon, C.J., Johnson and Wright, JJ.