Texas Cases July 11, 2023: Leal-Hudson v. Ketterman

Case Description

1

Trial court: 190th District Court of Harris County Trial court case number: 2022-01417.

ORDER

Richard Hightower, Judge.

Appellant Rachel Leal-Hudson appeals from the trial court's final judgment dated February 4, 2022. The final judgment ordered as follows: (1) Leal-Hudson's application to be on the March 1, 2022 Republican Party general primary ballot for the office of judge of the 313th District Court of Harris County was "void and invalid"; (2) Cindy Siegel, as Chair of the Harris County Republican Party (HCRP), was required to reject Leal-Hudson's application; (3) Leal-Hudson was disqualified as a candidate for judge of the 313th District Court for the primary election and any runoff election; (4) Leal-Hudson was disqualified as the Republican Party candidate for the office of judge of the 313th District Court for the general election in November 8, 2022, (5) a permanent injunction be issued enjoining Siegel, as chair of the HCRP, from canvassing and counting votes in favor of Leal-Hudson; (6) any votes cast and counted in favor of Leal-Hudson shall be treated as void, and (7) a permanent injunction be issued enjoining Siegel, as chair of the HCRP, from certifying Leal-Hudson's name for the office of judge of the 313th District Court for the November 8, 2022 general election.

We lack subject-matter jurisdiction to decide a moot controversy. See State ex rel. Best v. Harper , 562 S.W.3d 1, 6 (Tex. 2018). "A case becomes moot when "a justiciable controversy no longer exists between the parties," the "parties no longer have a legally cognizable interest in the case's outcome," the "court can no longer grant the requested relief or otherwise affect the parties' rights or interests," or "any decision would constitute an impermissible advisory opinion."

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Electric Reliability Council of Tex., Inc. v. Panda Power Generation Infrastructure Fund, LLC , 619 S.W.3d 628, 634-35 (Tex. 2021); see Zipp v. Wuemling , 218 S.W.3d 71, 73 (Tex. 2007) ("An appeal is moot when a court's action on the merits cannot affect the rights of the parties."). "A suit may become moot at any time, including on appeal." In re Guardianship of Fairley , 650 S.W.3d 372, 379 (Tex. 2022). As a result, "courts have an obligation to take into account intervening events that may render a lawsuit moot." Heckman v. Williamson Cnty. , 369 S.W.3d 137, 166-67 (Tex. 2012). If a case becomes moot, the court must vacate any order or judgment previously issued and dismiss the case for want of jurisdiction. Id. at 162.

Because the general election has occurred, Leal-Hudson's appeal challenging the trial court's judgment appears to have become moot. See In re Uresti , 377 S.W.3d 696 (Tex. 2012) ("Once an election begins, a challenge to the candidacy of an individual becomes moot."). For this reason, it appears that we lack subject-matter jurisdiction to hear this appeal. Therefore, unless a party files a response showing by citation to the law and to the record that the appeal is not moot and that this Court has jurisdiction, the Court may vacate the trial court's judgment and dismiss the case for want of jurisdiction.

Any response to this notice is due no later than July 21, 2023.

It is so ORDERED.