Myra A. Hill, David B. Rogers, and Universal Logistics, Inc. v. David Meek, et al--Appeal from 113th District Court of Harris County

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-02-00153-CV
______________________________
MYRA A. HILL, DAVID B. ROGERS,
AND UNIVERSAL LOGISTICS, INC., Appellants
V.
DAVID MEEK, ET AL., Appellees
On Appeal from the 113th Judicial District Court
Harris County, Texas
Trial Court No. 2000-26273
Before Morriss, C.J., Ross and Carter, JJ.
Memorandum Opinion by Chief Justice Morriss
MEMORANDUM OPINION

Myra A. Hill, David B. Rogers, and Universal Logistics, Inc., have filed a notice of appeal. This is an appeal transferred to this Court from the First District Court of Appeals in Houston. The record was due to be filed no later than October 16, 2002. Appellants have chosen not to provide a record. On January 21, 2003, Appellants filed a motion asking this Court to abate the appeal. They stated they had signed a settlement agreement on September 20, 2002. They asked this Court to abate the case for six months while Appellants continue to make payments pursuant to the settlement agreement.

We overruled the motion. We also warned counsel that, because the case had been settled, no real controversy existed, and reminded them that, in the absence of a controversy between the parties, an appeal is moot. We then gave counsel ten days to provide this Court with an explanation adequate to show us why the appeal should continue, and warned counsel that, in the absence of such an explanation, the appeal would be dismissed.

In such a situation, there has ceased to be a controversy, and any decision by this Court would be an impermissible advisory opinion. Olson v. Comm'n for Lawyer Discipline, 901 S.W.2d 520 (Tex. App.-El Paso 1995, no writ). When a case becomes moot, the only proper judgment is one dismissing the cause. Polk v. Davidson, 145 Tex. 200, 196 S.W.2d 632, 633 (1946).

 

We dismiss the appeal.

 

Josh R. Morriss, III

Chief Justice

 

Date Submitted: February 28, 2003

Date Decided: March 3, 2003