Stan Hunt v. Reagan E. Greer--Appeal from 285th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-02-00039-CV
Stan HUNT,
Appellant
v.
Reagan E. GREER,
Appellee
From the 285th Judicial District Court, Bexar County, Texas
Trial Court No. 2000-CI-11000
Honorable Carol R. Haberman, Judge Presiding

Opinion by: Catherine Stone, Justice

Sitting: Catherine Stone, Justice

Sarah B. Duncan, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: May 21, 2003

AFFIRMED

Appellant Stan Hunt filed a petition for writ of mandamus and a suit for declaratory judgment after the appellee, Bexar County District Clerk Reagan Greer, failed to produce certain records under the Texas Open Records Act. See Tex. Gov't Code Ann. 552.001-552.353 (Vernon 1994 & Supp. 2003). Because Hunt's appellate issues involve the application of well-settled principles of law, we affirm the trial court's judgment in this memorandum opinion under Tex. R. App. P. 47.4 for the following reason:

1. In this case, both Hunt's petition for writ of mandamus and suit for declaratory judgment sought to compel the Bexar County District Clerk to produce certain records under the Texas Open Records Act. The parties do not dispute that the District Clerk produced the requested records before the trial court heard either Hunt's petition for writ of mandamus or his suit for declaratory judgment. Consequently, once the District Clerk produced the records that were requested, Hunt's claim that the District Clerk was denying him access to public records became moot. See Murphy v. Hunt, 455 U.S. 478, 481 (1982) (stating a case becomes moot "when the issues presented are no longer 'live' or the parties lack a legally cognizable interest in the outcome."). Because there was no existing controversy at the time the trial court heard Hunt's complaint, we believe Hunt's appellate issues lack merit. We therefore overrule each of Hunt's issues and affirm the trial court's judgment.

Catherine Stone, Justice