Wilmer Loja, M.D., Wilmer E. Loja, M.D., P.A., and Wilmer E. Loja and Associates, 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 17, 2023
• Docket: 13-21-00433-CV
• Status: Published

Opinion

NUMBER 13-21-00433-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

WILMER LOJA, M.D., WILMER E. LOJA, M.D., P.A., AND WILMER E. LOJA AND ASSOCIATES, 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 appellants’ unopposed motions to lift the

abatement, reinstate the case, and dismiss the appeal. We grant the motions, lift the

abatement, reinstate the case, and dismiss the appeal.

“In accordance with a motion of appellant, the court may dismiss the appeal or

affirm the appealed judgment or order unless such disposition would prevent a party from

seeking relief to which it would otherwise be entitled.” TEX. R. APP. P. 42.1. Attached to

the appellants’ motion is a dismissal order signed by the trial court on August 3, 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 motions to lift the abatement, reinstate the appeal, and dismiss,

the Court is of the opinion that the motions 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. In accordance with the agreement of the parties, costs will

2 be taxed against the party incurring the same. See id. R. 42.1(d). Having dismissed the

appeal at appellants’ request, no motion for rehearing will be entertained.

GINA M. BENAVIDES Justice

Delivered and filed on the 17th day of August, 2023.