                          NUMBER 13-14-00288-CV

                             COURT OF APPEALS

                   THIRTEENTH DISTRICT OF TEXAS

                      CORPUS CHRISTI - EDINBURG
____________________________________________________________

THEODORE R. MCMILLIN,                                                         Appellant,

                                            v.

JULIE MARIE MCMILLIN,                               Appellee.
____________________________________________________________

            On appeal from the 444th District Court of
                   Cameron County, Texas.
____________________________________________________________

                          MEMORANDUM OPINION
    Before Chief Justice Valdez and Justices Benavides and Perkes
                  Memorandum Opinion Per Curiam

        By two issues, appellant Theodore McMillin appeals the trial court’s dismissal of

his petition for divorce. Appellee, Julie Marie McMillin, has filed a motion to dismiss this

appeal on grounds that intervening events have rendered the appeal moot. Appellant

has filed a response to the motion to dismiss in which he agrees that the appeal is now

moot.
       The Court, having considered the documents on file and the appellee’s unopposed

motion to dismiss the appeal, is of the opinion that the motion should be granted. See

In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex. 2005) (orig. proceeding) (“A

case becomes moot if a controversy ceases to exist between the parties at any stage of

the legal proceedings . . .”); State Bar of Tex. v. Gomez, 891 S.W.2d 243, 245 (Tex. 1994)

(stating that, for a controversy to be justiciable, there must be a real controversy between

the parties that will be actually resolved by the judicial relief sought). Appellee’s motion

to dismiss is granted and the appeal is hereby DISMISSED as moot. Costs will be taxed

against appellant. See TEX. R. APP. P. 42.1(d) ("Absent agreement of the parties, the

court will tax costs against the appellant.").    Pending motions, if any, are likewise

DISMISSED.

                                                                      PER CURIAM

Delivered and filed the
22nd day of October, 2015.




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