Araceli Zapata D/B/A El Super, Veljaco Corp., Inc, D/B/A El Super Meat Market & Taqueria and Carmen Gloria Veljanovich v. Clear Creek Independent School District, the City of Webster, and Harris County

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ACCEPTED 01-15-00346-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 11/3/2015 3:49:40 PM CHRISTOPHER PRINE CLERK No. 01-15-00346-CV ARACELLI ZAPATA D/B/A § IN THE FIRST SUPER, ET AL., § FILED IN 1st COURT OF APPEALS Appellants § HOUSTON, TEXAS § 11/3/2015 3:49:40 PM v. § COURT OF APPEAL CHRISTOPHER A. PRINE § Clerk CLEAR CREEK INDEPENDENT § SCHOOL DISTRICT, ET AL., § Appellees § HOUSTON, TEXAS APPELLANTS’ AND APPELLEES’ JOINT MOTION TO DISMISS FOR MOOTNESS Appellants (Araceli Zapata D/B/A El Super, Veljaco Corp., Inc., D/B/A El Super Meat Market and Taqueria, and Carmen Gloria Veljanovich) and Appellees (Clear Creek Independent School District, the City of Webster and Harris County) file this Joint Motion to Dismiss for Mootness, and would respectfully show as follows. 1. This is an appeal from the March 2, 2015 Final Judgment in Cause No. 2013-04925, Clear Creek Independent School District, et al. v. GNM Enterprises d/b/a Super, et al.; In the 165th Judicial District Court of Harris County, Texas. 2. On October 30, 2015, the Trial Court granted Clear Creek Independent School District’s Petition to Vacate Judgment, and issued an Order that vacated the Final Judgment. (See Exhibit A attached hereto). 3. The Court has the authority to dismiss an appeal if there is no longer an issue in controversy. See Heckman v. Williamson Cnty., 369 S.W.3d 137, 154 (Tex. 2012); Tex. A&M Univ.-Kingsville v. Yarbrough, 347 S.W.3d 289, 291 (Tex. 2011). This Appeal should be dismissed because the Trial Court’s Order to Vacate disposed of all issues forming the basis of 1 this appeal, and the parties no longer have a legally cognizable interest in the outcome of the appeal. See FDIC v. Nueces Cnty., 886 S.W.2d 766, 767 (Tex. 1994). 4. Moreover, the Court should not decide the issues presented by this appeal because the appeal is moot, and the Court is not authorized to issue advisory opinions. See Heckman, 369 S.W.3d at 147; Tex. Ass’n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 444 (Tex. 1993). 5. For these reasons, Appellants and Appellees ask the Court to grant this Motion and dismiss the appeal as moot. Respectfully submitted, By: /s/ Mark Aronowitz Mark Aronowitz State Bar No. 00793281 P.O. Box 1201 Texas City, Texas 77592-1201 Telephone: (281) 402-6790 Fax: (281) 714-4284 Email: markaronowitz@hotmail.com ATTORNEY FOR APPELLANTS By: /s/ R. Gregory East R. Gregory East State Bar No. 24007138 Perdue, Brandon, Fielder, Collins & Mott, L.L.P. 1235 North Loop West, Suite 600 Houston, Texas 77008 Telephone: (713) 862-1860 Fax: (713) 862-1429 Geast@pbfcm.com ATTORNEYS FOR APPELLEE CLEAR CREEK INDEPENDENT SCHOOL DISTRICT 2 By: Edward J. (Nick) Nicholas State Bar No. 14991350 Linebarger Goggan Blair & Sampson, LLP 4828 Loop Central Drive, Suite 600 Houston, Texas 78701 Telephone: (713) 844-3405 Fax: (713) 844-3504 Nick.Nicholas@lgbs.com ATTORNEYS FOR APPELLEES THE CITY OF WEBSTER AND HARRIS COUNTY CERTIFICATE OF SERVICE I certify that a copy of this instrument was served via electronic mail on Mr. Mark Aronowitz at markaronowitz@hotmail.com, and Mr. Greg East at geast@pbfcm.com. By: Edward J. (Nick) Nicholas 3 Exhibit A For Official Governmental Use Only - Do Not Disseminate to the Public: 67711610 - Page 1 of 4 For Official Governmental Use Only - Do Not Disseminate to the Public: 67711610 - Page 2 of 4 For Official Governmental Use Only - Do Not Disseminate to the Public: 67711610 - Page 3 of 4 For Official Governmental Use Only - Do Not Disseminate to the Public: 67711610 - Page 4 of 4 I, Chris Daniel, District Clerk of Harris County, Texas certify that this is a true and correct copy of the original record filed and or recorded in my office, electronically or hard copy, as it appears on this date. Witness my official hand and seal of office this November 3, 2015 Certified Document Number: 67711610 Total Pages: 4 Chris Daniel, DISTRICT CLERK HARRIS COUNTY, TEXAS In accordance with Texas Government Code 406.013 electronically transmitted authenticated documents are valid. If there is a question regarding the validity of this document and or seal please e-mail support@hcdistrictclerk.com