How to Dismiss

The Texas Supreme Court recently clarified the proper way to dismiss a matter that has become moot on appeal:

MTGLQ’s purchase of the property preceded Alsobrook’s appeal. As the court of appeals correctly concluded, no live controversy existed between the parties after the foreclosure, rendering Alsobrook’s claims moot. The court of appeals thus correctly concluded that dismissal was required. But, as explained, mootness on appeal requires vacatur of the underlying judgment as well as dismissal of the case. The court of appeals should have vacated the trial court’s judgment and dismissed the case.

Alsobrook v. MTGLQ investors, LP, No. 22-0079 (Nov. 18, 2022) (citations omitted). I salute 600Commerce friend Ben Taylor for his persistent advocacy about this and related matters.