Eldridge Moak, Administrator of the Estate of Walter Earl Bailey, et al v. Palestine Independent School District, et al--Appeal from 369th District Court of Anderson County

DISMISSAL FORM FOR CIVIL CASES ON ANT'S MOTION /SETTLEMENT NO. 12-01-00362-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS

ELDRIDGE MOAK, ADMINISTRATOR

OF THE ESTATE OF

WALTER EARL BAILEY, ET. AL.,

 
APPEAL FROM THE 369TH

APPELLANTS

 

V.

 
JUDICIAL DISTRICT COURT OF

PALESTINE INDEPENDENT

SCHOOL DISTRICT, ET AL.,

 
ANDERSON COUNTY, TEXAS

APPELLEES

MEMORANDUM OPINION (1)

This appeal concerns a judgment against Appellants for delinquent ad valorem taxes against a certain piece of real property located in Anderson County, Texas. Appellees have filed a motion to dismiss, and all other parties to the appeal have been given notice of the filing of this motion. The motion states that subsequent to the taking of the judgment at issue and after the filing of this appeal, Appellees applied to the District Clerk for an order of sale, and the sheriff conducted a tax foreclosure sale at which he sold the property that is the subject of the dispute between the parties. Therefore, Appellees contend that this appeal is moot and should be dismissed.

When an appeal concerns a lien on a property or a claim to property, that appeal becomes moot when a foreclosure occurs. Federal Deposit Ins. Corp. v. Nueces County, 886 S.W.2d 766, 767 (Tex. 1994). Because the tax foreclosure sale in this case rendered Appellants' appeal moot, Appellees' motion is granted, and this appeal is dismissed.

Opinion delivered June 18, 2002.

Panel consisted of Worthen, J., and Griffith, J.

(DO NOT PUBLISH)

1. See Tex. R. App. P. 47.1.