Rafael Perez and Patty Perez v. Marichu P. Pasagui

• Court: Court of Appeals of Texas
• Decided: May 30, 2024
• Docket: 01-14-00253-CV
• Status: Published

Opinion

Opinion issued May 30, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-14-00253-CV ——————————— RAFAEL PEREZ AND PATTY PEREZ, Appellants V. MARICHU P. PASAGUI, Appellee

On Appeal from the 113th District Court Harris County, Texas Trial Court Case No. 2011-16452

MEMORANDUM OPINION

This case was stayed for bankruptcy on April 25, 2014. See TEX. R. APP. P.

8.2. On March 5, 2024, the Court issued a letter to the parties advising that,

according to records available online, the bankruptcy court had signed an order closing the bankruptcy case. Accordingly, the Court stated that, unless the parties

filed a request to reinstate the case, the appeal might be dismissed.

On April 30, 2024, counsel for appellants filed a response asserting that the

underlying debt which was the subject of the case was discharged in bankruptcy

and thus, there was no need to reinstate the appeal. Appellee did not file a

response. We construe appellant’s letter to state that the appeal is now moot.

“Appellate courts are prohibited from deciding moot controversies.” Nat’l

Collegiate Athletic Ass’n v. Jones, 1 S.W.3d 83, 86 (Tex. 1999). A case becomes

moot when there “ceases to be an actual controversy.” Id. Because the debt,

which was the source of the controversy in this case, has been discharged in

bankruptcy, there is no longer an actual controversy and the appeal is moot.

The stay of the appeal is lifted, the appeal is reinstated on the active docket,

and the appeal is dismissed as moot. Any pending motions are dismissed as moot.

PER CURIAM

Panel consists of Justices Hightower, Rivas-Molloy, and Farris.