Reagan Ben McMillin, M.D., Ophthalmic Consultants of Texas, P.A., and Valley Retina Institute, P.A. v. Mallory Cotton and Jeramy Bridges, Individually, and as Next Friends, Natural Parents, and as Wrongful Death Beneficiaries of Baby Boy Bridges

• Court: Court of Appeals of Texas
• Decided: August 10, 2023
• Docket: 13-22-00173-CV
• Status: Published

Opinion

NUMBER 13-22-00173-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

REAGAN BEN MCMILLIN, M.D., OPHTHALMIC CONSULTANTS OF TEXAS, P.A., AND VALLEY RETINA INSTITUTE, P.A., Appellants,

v.

MALLORY COTTON AND JERAMY BRIDGES, INDIVIDUALLY, AND AS NEXT FRIENDS, NATURAL PARENTS, AND AS WRONGFUL DEATH BENEFICIARIES OF BABY BOY BRIDGES, Appellees.

On appeal from the 103rd District Court of Cameron County, Texas.

MEMORANDUM OPINION Before Justices Benavides, Longoria, and Tijerina Memorandum Opinion by Justice Benavides

This cause is before the Court on the parties’ joint motion to dismiss the appeal as moot. We grant the motion and dismiss the appeal for want of jurisdiction.

Attached to the joint motion is a dismissal order signed by the trial court on July

26, 2023, stating that the parties have agreed to extinguish the controversy between them

in toto. “Appeals of some interlocutory orders become moot because the orders have

been rendered moot by subsequent orders.” Hernandez v. Ebrom, 289 S.W.3d 316, 319

(Tex. 2009). “A case is moot when a justiciable controversy no longer exists between the

parties or when the parties no longer have a legally cognizable interest in the outcome.”

Tex. Dep’t of Fam. & Protective Servs. v. N.J., 644 S.W.3d 189, 192 (Tex. 2022). “A case

may become moot at any time, including on appeal.” Id. When an appeal becomes moot,

we must dismiss it for want of jurisdiction. Id. (citing Heckman v. Williamson County, 369

S.W.3d 137, 162 (Tex. 2012); see also Betancourt v. Cotton, No. 13-22-00132-CV, 2022

WL 1414502, at *1 (Tex. App.—Corpus Christi–Edinburg May 5, 2022, no pet.) (mem.

op.).

Upon review of the motion to dismiss, the Court is of the opinion that the motion

should be granted. See TEX. R. APP. P. 42.1(a)(1). Therefore, this cause is reinstated, the

motion to dismiss is granted, and the appeal is hereby dismissed. Costs are taxed against

appellants. See id. R. 42.1(d) (“Absent agreement of the parties, the court will tax costs

against the appellant.”). Having dismissed the appeal at the parties’ request, no motion

for rehearing will be entertained.

GINA M. BENAVIDES Justice

Delivered and filed on the 10th day of August, 2023.