Valeria Marie Garcia v. Manuel Garcia

MEMORANDUM OPINION No. 04-10-00427-CV

Valeria Marie GARCIA, Appellant

v.

Manuel GARCIA, Appellee

From the 225th Judicial District Court, Bexar County, Texas Trial Court No. 2009-CI-17691 Honorable Larry Noll, Judge Presiding

PER CURIAM

Sitting: Rebecca Simmons, Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice

Delivered and Filed: March 16, 2011

DISMISSED AS MOOT

This is an appeal from a default divorce decree. At the time the decree was signed, only one of the children born to Valeria Marie Garcia and Manuel Garcia was a minor. The complaints raised by Valeria in her pro se brief relate to the children. After Valeria filed her pro se brief, appellee filed written notice that Valeria died.

Ordinarily, an appeal in a civil case is not abated due to the death of a party after the rendition of judgment. TEX. R. APP. P. 7.1(a)(1). “However, nothing on the face of Rule

04-10-00427-CV [7.1(a)(1)] dispenses with the requirement that there be an actual existing controversy between the litigants.” Olson v. Comm’n for Lawyer Discipline, 901 S.W.2d 520, 523 (Tex. App.—El Paso 1995, no writ). “Neither the Texas Constitution nor our State Legislature has vested [appellate courts] with the authority to render advisory opinions.” Id. at 522. “When there has ceased to be a controversy between the litigating parties due to events occurring after judgment has been rendered by the trial court, the decision of an appellate court would be a mere academic exercise and the court may not decide the appeal.” Id. Because Valeria has died, “the questions concerning custody of the children of the parties have become moot.” Walsh v. Walsh, 562 S.W.2d 501, 502 (Tex. Civ. App.—San Antonio 1978, no writ); see also Black v. Black, 673 S.W.2d 269, 270 (Tex. App.—Texarkana 1984, no writ). Accordingly, this appeal is dismissed as moot.

PER CURIAM

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