COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§
EL PASO COUNTY WATER No. 08-16-00231-CV
IMPROVEMENT DISTRICT NO. 1, §
Appeal from
Appellant, §
County Court at Law No. 6
v. §
of El Paso County, Texas
COMANCHE TRAIL PIPELINE, LLC, §
(TC # 2016DCV0255)
Appellee. §
MEMORANDUM OPINION
This appeal is from an interlocutory order denying a plea to the jurisdiction. On October
20, 2016, the Court abated the appeal after receiving notice that the underlying case had been
removed to federal court. On December 21, 2016, Appellant notified the Court that the parties
settled the underlying case and the litigation in the federal court has been dismissed. Appellant
also stated that it did not anticipate that any further proceedings would occur with respect to this
appeal. We reinstated the appeal and notified the parties that the appeal would be dismissed as
moot unless the Court received a response showing why the appeal should continue. No
response has been received.
It is well established that a court is prohibited from deciding moot controversies.
National Collegiate Athletic Association v. Jones, 1 S.W.3d 83, 86 (Tex. 1999). A case is moot
if a justiciable controversy ceases to exist at any stage of the legal proceedings, including the
appeal. In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex. 2005). The settlement of
the dispute and the dismissal of the case in federal court rendered this appeal moot. Accordingly,
we dismiss the appeal as moot.
January 25, 2017
ANN CRAWFORD McCLURE, Chief Justice
Before McClure, C.J., Rodriguez, and Palafox, JJ.
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