CourtListener 10729249•City of Houston v. Lorna Woods, Individually and on Behalf of the Estate of Cyril Woods
City of Houston v. Lorna Woods, Individually and on Behalf of the Estate of Cyril Woods
CourtListener 10729249Txctapp128 de out. de 2025
Texto completo
Opinion issued October 28, 2025
In The
Court of Appeals
For The
First District of Texas
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NO. 01-25-00638-CV
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CITY OF HOUSTON, Appellant
V.
LORNA WOODS, INDIVIDUALLY AND ON BEHALF OF THE ESTATE
OF CYRIL WOODS, Appellees
On Appeal from the 151st District Court
Harris County, Texas
Trial Court Cause No. 2025-37624
MEMORANDUM OPINION
Appellees sued the City of Houston in tort. The City then moved for summary judgment
claiming immunity—which the trial court denied. The City appealed and invoked the automatic
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stay in Texas Civil Practice & Remedies Code § 51.014(b), which stays all trial court proceedings
here pending resolution of this appeal.
Appellees subsequently filed notices of nonsuit in both the trial court and this Court. They
argue that their nonsuit moots this appeal. See Univ. of Texas Med. Branch at Galveston v. Est. of
Blackmon ex rel. Shultz, 195 S.W.3d 98, 100 (Tex. 2006) (per curiam). We agree.
As our supreme court has explained, “neither a statutory stay of trial court proceedings nor
any other statute could vest this Court or any other with authority to decide moot cases in violation
of the constitutional limitations on our jurisdiction. However it is achieved procedurally, the
plaintiffs’ total abandonment of their claims for relief ‘extinguishes’ jurisdiction.” Morath v.
Lewis, 601 S.W.3d 785, 788 (Tex. 2020) (citing Estate of Blackmon, 195 S.W.3d at 100).
We therefore dismiss this appeal for want of jurisdiction and dismiss all other pending
motions as moot.
PER CURIAM
Panel consists of Chief Justice Adams and Justices Morgan and Dokupil.
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