Court of Civil Appeals of Texas, 2019

Olivia Overturf v. Robert Garcia

Olivia Overturf v. Robert Garcia
Court of Civil Appeals of Texas · Decided December 6, 2019

Olivia Overturf v. Robert Garcia

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-18-00777-CV

Olivia Overturf, Appellant v. Robert Garcia, Appellee

FROM THE 53RD DISTRICT COURT OF TRAVIS COUNTY NO. D-1-FM-06-001047, THE HONORABLE AMY CLARK MEACHUM, JUDGE PRESIDING

MEMORANDUM OPINION

Olivia Overturf appeals from the trial court’s September 27, 2018 final order rendered on Robert Garcia’s petition to modify the parent-child relationship. The order appointed Garcia sole managing conservator of the parties’ son, B.M.G., who was born on November 1, 2001. However, because B.M.G. recently reached the age of majority, there is no longer a live controversy, rendering Overturf’s appeal moot. See In re E.H., No. 02-07-343-CV, 2008 WL 2404490, at *1 (Tex. App.—Fort Worth June 12, 2008, no pet.) (mem. op.); Ngo v. Ngo, 133 S.W.3d 688, 691 (Tex. App.—Corpus Christi 2003, no pet.); see also Williams v. Lara, 52 S.W.3d 171, 184 (Tex. 2001) (justiciable controversy must exist between parties at every stage of legal proceedings, including appeal).

Accordingly, we dismiss this appeal as moot. __________________________________________ Thomas J. Baker, Justice Before Justices Goodwin, Baker, and Triana Dismissed as Moot Filed: December 6, 2019

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