Union Pacific Railroad Company v. Christopher Andrade

• Court: Court of Appeals of Texas
• Decided: February 25, 2025
• Docket: 01-24-00116-CV
• Status: Published

Opinion

Opinion issued February 25, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00116-CV ——————————— UNION PACIFIC RAILROAD COMPANY, Appellant V. CHRISTOPHER ANDRADE, Appellee

On Appeal from the 129th District Court Harris County, Texas Trial Court Case No. 2023-19781

MEMORANDUM OPINION

Appellee Christopher Andrade has filed an unopposed motion to dismiss this

appeal from the trial court’s interlocutory order denying Appellant Union Pacific

Railroad Company’s special appearance. Andrade asserts that the appeal is moot

because he has nonsuited his claims against Union Pacific in the trial court. After due consideration, we grant the unopposed motion and dismiss the appeal for lack

of subject-matter jurisdiction. See TEX. R. APP. P. 42.3(a), 43.2(f); see also

Travelers Ins. Co. v. Joachim, 315 S.W.3d 860, 862 (Tex. 2010) (noting that a

nonsuit “renders the merits of the nonsuited case moot”); Nat’l Collegiate Athletic

Ass’n v. Jones, 1 S.W.3d 83, 86 (Tex. 1999) (“Appellate courts are prohibited from

deciding moot controversies.”). Costs will be taxed against the party incurring same.

PER CURIAM

Panel consists of Justices Rivas-Molloy, Johnson, and Dokupil.