The State of Texas v. Energy Transfer Fuel, LP Appeal from County Court at Law No. 6 of Collin County (memorandum opinion)

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DISMISS and Opinion Filed December 18, 2018 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00264-CV THE STATE OF TEXAS, Appellant V. ENERGY TRANSFER FUEL, LP, Appellee On Appeal from the County Court at Law No. 6 Collin County, Texas Trial Court Cause No. 006-00545-2016 MEMORANDUM OPINION Before Chief Justice Wright, Justice Evans, and Justice Brown Opinion by Chief Justice Wright We reinstate this appeal. The appeal was abated pending the Court’s determination of the State of Texas’s mandamus petition seeking to have the judgment challenged in this appeal, as well as another judgment and other orders, vacated as void. By opinion dated November 14, 2018, we conditionally granted mandamus relief. See In re State of Tex., No. 05-18-00686-CV, 2018 WL 5961735 *1 (Tex. App.—Dallas Nov. 14, 2018, orig. proceeding) (mem. op.). Our disposition of the mandamus petition moots this appeal as no live controversy remains. Matthews v. Kountze Indep. Sch. Dist., 484 S.W.3d 416, 418 (Tex. 2016). Because we do not have jurisdiction over moot controversies, we dismiss the appeal. See 42.3(a)(1); Matthews, 484 S.W.3d at 418. 180264F.P05 /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE S Court of Appeals Fifth District of Texas at Dallas JUDGMENT THE STATE OF TEXAS, Appellant No. 05-18-00264-CV On Appeal from the County Court at Law No. 6, Collin County, Texas Trial Court Cause No. 006-00545-2016. Opinion delivered by Chief Justice Wright. Justices Evans and Brown participating. V. ENERGY TRANSFER FUEL, LP, Appellee In accordance with this Court’s opinion of this date, we DISMISS the appeal. We ORDER Energy Transfer Fuel, LP recover its costs, if any, of this appeal from appellant the State of Texas. Judgment entered December 18, 2018. –2–

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