Appraisal Review Board of El Paso County, Texas v. The Fountains at Farah, LP Appeal from 327th District Court of El Paso County (memorandum opinion)

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COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § APPRAISAL REVIEW BOARD OF EL PASO COUNTY, TEXAS, No. 08-16-00319-CV § Appeal from Appellant, § 327th District Court v. § of El Paso County, Texas THE FOUNTAINS AT FARAH, L.P., § (TC # 2016DTX0442) Appellee. § MEMORANDUM OPINION Appellee, The Fountains at Farah, L.P. (Fountains), has filed a motion to dismiss the appeal as moot because a related appeal has been dismissed. Appellant has not filed any response to the motion. This appeal is related to El Paso Central Appraisal District v. Hawkins and I-10 Acquisition Co., L.P., cause number 08-17-00003-CV. We granted EPCAD’s unopposed motion to dismiss that appeal because the parties settled the dispute. See El Paso Central Appraisal District v. Hawkins and I-10 Acquisition Co., L.P., Cause No. 08-17-00003-CV (Tex.App.-El Paso, Nov. 29, 2017, no pet. h.). Fountains argues in its motion that the settlement of the dispute in cause number 08-16-00319-CV has rendered this appeal moot. We agree. 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 dismissal of the related case rendered this appeal moot. Accordingly, we grant the motion and dismiss the appeal as moot. December 20, 2017 ANN CRAWFORD McCLURE, Chief Justice Before McClure, C.J., Rodriguez, and Palafox, JJ. -2-

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