Unreported / Non-Citable
Background
Edith Perez filed a motion challenging the trial court’s order requiring her to pay costs. That motion resulted in the creation of an appeal under Texas Rule of Civil Procedure 145(g)(1).
Perez later notified the Third Court of Appeals that the trial court had vacated the challenged order. She asked the appellate court to dismiss her motion challenging the costs order without prejudice.
The Court’s Holding
The court granted Perez’s request and dismissed the appeal as moot under Texas Rule of Appellate Procedure 42.3(a).
Because the trial court had vacated the order requiring Perez to pay costs, there was no longer a live controversy for the appellate court to decide.
Key Takeaways
- A trial court’s vacatur of the challenged order can eliminate the live controversy underlying an appeal.
- A challenge to an order requiring payment of costs may create an appeal under Texas Rule of Civil Procedure 145(g)(1).
- The court dismissed the appeal as moot after granting the appellant’s dismissal request.
Why It Matters
The memorandum opinion illustrates the practical effect of a trial court vacating an order while an appellate challenge is pending: when no live dispute remains, the appellate court may dismiss the appeal as moot rather than address the merits.