Lawrence Jones, Jr. and Lillie B. Jones v. Houston Independent School District and Harris County Education District, Intervenors, City of Houston and State of Texas, County of Harris
NO. 07-96-0356-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
AUGUST 22, 2003
______________________________
LAWRENCE JONES, JR., ET AL., APPELLANTS
V.
HOUSTON INDEPENDENT SCHOOL DISTRICT, ET AL., APPELLEES
_________________________________
FROM THE 80TH DISTRICT COURT OF HARRIS COUNTY;
NO. 93-60708; HONORABLE LEE DUGGAN, JR., JUDGE
_______________________________
Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.
MEMORANDUM OPINION
Lawrence Jones, Jr. and Lillie B. Jones appeal from a judgment in favor of Houston
Independent School District, Harris County Education District, City of Houston and State
of Texas/County of Houston. We dismiss the appeal.
On June 19, 2003, Houston Independent School District and Harris County
Education District, City of Houston and State of Texas, County of Harris, appellees, filed
a Motion to Dismiss the Appeal as Moot, indicating that the judgment in the trial court had
been voluntarily satisfied. The motion is supported by affidavits. See Miga v. Jensen, 96
S.W.3d 207, 212 (Tex. 2002).
By letter dated July 18, 2003, the clerk notified the parties that the Court would
consider the Motion to Dismiss after August 8, 2003, and that all objections or replies
should be filed on or before August 7, 2003. No response has been received from
appellants Lawrence Jones, Jr. and Lillie B. Jones.
The existence of a "live controversy" is an essential component of subject matter
jurisdiction. See State Bar of Texas v. Gomez, 891 S.W.2d 243, 244 (Tex.1994). If at any
stage of the proceeding there ceases to be an actual controversy between the parties, a
case becomes moot. See National Collegiate Athletic Ass'n v. Jones, 1 S.W.3d 83, 86
(Tex.1999). When a judgment debtor voluntarily pays and satisfies a judgment rendered
against him, the cause becomes moot. See Riner v. Briargrove Park Property Owners,
Inc., 858 S.W.2d 370, 370-71 (Tex. 1993); Highland Church of Christ v. Powell, 640
S.W.2d 235, 236 (Tex. 1982).
The motion and its affidavits are clear. The affidavits prove that the issues asserted
by appellants have become moot.
The appeal is dismissed for want of jurisdiction.
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Phil Johnson
Chief Justice
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