Court of Civil Appeals of Texas, 2008

Environmental Processing Systems, L.C. v. Rio Cabeza, L.C.

Environmental Processing Systems, L.C. v. Rio Cabeza, L.C.
Court of Civil Appeals of Texas · Decided August 14, 2008

Environmental Processing Systems, L.C. v. Rio Cabeza, L.C.

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont

____________________



NO. 09-07-448 CV

____________________



ENVIRONMENTAL PROCESSING SYSTEMS, L.C., Appellant



V.



RIO CABEZA, L.C., Appellee


On Appeal from the 75th District Court

Liberty County, Texas

Trial Cause No. 73,120




MEMORANDUM OPINION


Appellant Environmental Processing Systems, L.C. appeals the district court's order conditionally granting a writ of mandamus to compel the justice court to proceed with the forcible detainer action filed by appellee Rio Cabeza, L.C. After receiving appellee's brief, in which appellee suggested that this appeal is moot because the forcible detainer action proceeded to judgment, we questioned our jurisdiction and requested a response from any party desiring to continue the appeal. Appellant filed a response in which it concedes that the forcible detainer action has proceeded to judgment, but argues that the appeal is not moot because it appealed the order to the County Court at Law. Because the forcible detainer action has proceeded to judgment, we dismiss this appeal as moot. See Bd. of Adjustment of the City of San Antonio v. Wende, 92 S.W.3d 424, 427 (Tex. 2002) (A case becomes moot if a controversy ceases to exist.); Camarena v. Tex. Employment Comm'n, 754 S.W.2d 149, 151 (Tex. 1988) (A court should only decide cases in which a live controversy exists at the time of the decision.).

APPEAL DISMISSED.







STEVE McKEITHEN

Chief Justice



Submitted on July 24, 2008

Opinion Delivered August 14, 2008



Before McKeithen, C.J., Gaultney and Horton, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.