Environmental Processing Systems, L.C. v. Rio Cabeza, L.C.--Appeal from 75th District Court of Liberty County
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In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-07-448 CV ____________________ ENVIRONMENTAL PROCESSING SYSTEMS, L.C., Appellant V. RIO CABEZA, L.C., Appellee On Appeal from the 75th District Court Liberty County, Texas Trial Cause No. 73,120 MEMORANDUM OPINION Appellant Environmental Processing Systems, L.C. appeals the district court s order conditionally granting a writ of mandamus to compel the justice court to proceed with the forcible detainer action filed by appellee Rio Cabeza, L.C. After receiving appellee s brief, in which appellee suggested that this appeal is moot because the forcible detainer action proceeded to judgment, we questioned our jurisdiction and requested a response from any party desiring to continue the appeal. Appellant filed a response in which it concedes that 1 the forcible detainer action has proceeded to judgment, but argues that the appeal is not moot because it appealed the order to the County Court at Law. Because the forcible detainer action has proceeded to judgment, we dismiss this appeal as moot. See Bd. of Adjustment of the City of San Antonio v. Wende, 92 S.W.3d 424, 427 (Tex. 2002) (A case becomes moot if a controversy ceases to exist.); Camarena v. Tex. Employment Comm n, 754 S.W.2d 149, 151 (Tex. 1988) (A court should only decide cases in which a live controversy exists at the time of the decision.). APPEAL DISMISSED. STEVE McKEITHEN Chief Justice Submitted on July 24, 2008 Opinion Delivered August 14, 2008 Before McKeithen, C.J., Gaultney and Horton, JJ. 2
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