Neil Noble v. City of Dallas

Opinion

Dismiss and Opinion Filed February 26, 2014

S In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-13-01103-CV

NEIL NOBLE, Appellant

V.

CITY OF DALLAS, Appellee

On Appeal from the County Court at Law No. 4 Dallas County, Texas

Trial Court Cause No. CC-13-02526-D

MEMORANDUM OPINION

Before Chief Justice Wright and Justices Lang-Miers and Brown Opinion by Chief Justice Wright This suit began as a declaratory action by Neil Noble to obtain public information from

the City of Dallas pursuant to chapter 552 of the Texas Government Code. Noble obtained the

requested information and moved to dismiss the suit. Before the trial court signed the dismissal

order, however, Noble filed an “amended” petition seeking to evict tenants from his property.

The City responded by filing a plea to the jurisdiction. The trial court subsequently granted the

plea and dismissed the case. Approximately two months after filing this appeal, Noble informed

the Court by letter that the tenants had vacated the property. Because it appeared a live

controversy no longer existed, we questioned whether the appeal was moot and we could decide

the case. See Nat’l Collegiate Athletic Assoc. v. Jones, 1 S.W.3d 83, 86 (Tex. 1999) (“Appellate

courts are prohibited from deciding moot controversies. . . . A case becomes moot if at any

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stage there ceases to be an actual controversy between the parties.”) At our request, the parties

filed letter briefs addressing our concern. In its brief, the City agrees the case is moot. Noble

disputes the case is moot but provides nothing in his brief demonstrating a live controversy

exists. Because no live controversy exists between the parties, we are prohibited from deciding

this case. See id. Accordingly, we dismiss the appeal.

131103F.P05 /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE

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S

Court of Appeals

Fifth District of Texas at Dallas JUDGMENT

NEIL NOBLE, Appellant On Appeal from the County Court at Law No. 4, Dallas County, Texas No. 05-13-01103-CV V. Trial Court Cause No. CC-13-02526-D.

Opinion delivered by Chief Justice Wright.

CITY OF DALLAS, Appellee Justices Lang-Miers and Brown participating.

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

We ORDER that appellee City of Dallas recover its costs, if any, of this appeal from appellant Neil Noble.

Judgment entered February 26, 2014

/Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE