United Services Automobile Association v. Lederle
| Decision Date | 23 March 1966 |
| Docket Number | No. A-11102,A-11102 |
| Citation | 400 S.W.2d 749 |
| Parties | UNITED SERVICES AUTOMOBILE ASSOCIATION, Petitioner, v. Ferdinand LEDERLE et ux., Respondents. |
| Court | Texas Supreme Court |
Head & James, Michael C. Kendrick, Jr., with above firm, Charles R. Cunningham, Corpus Christi, for petitioner.
Mahoney, Shaffer & Hatch, Corpus Christi, for respondents.
The opinion of the Court of Civil Appeals is reported in 394 S.W.2d 31. We granted writ of error to review the holdings made by the Court of Civil Appeals and its judgment declaring the rights and duties of the parties.
The parties have now filed a joint motion to dismiss the applications for writ of error filed by both parties, asserting in their motion that all matters in controversy have been compromised and settled.
The cause is moot. To dismiss the applications would permit the judgment of the Court of Civil Appeals to become a final judgment in a moot case. No reason is made known to us and none appears in the record to cause us to vary from the rule that a moot cause should be dismissed. See University Interscholastic League v. Sims, 133 Tex. 605, 131 S.W.2d 94 (1939); International Ass'n of Machinists, Local Union No. 1488 et al. v. Federated Ass'n of Accessory Workers et al., 133 Tex. 624, 130 S.W.2d 282 (1939); City of Western University Place v. Martin, 132 Tex. 354, 123 S.W.2d 638 (1939).
It is accordingly ordered that the judgments of the courts below be vacated and that this cause be, and the same is hereby, dismissed with costs assessed according to the agreement of the parties.
To continue reading
Request your trial
-
Laker Airways Ltd. v. Sabena, Belgian World Airlines, s. 83-1280
...593, 333 N.E.2d 562 (1975); Lederle v. United Services Auto. Ass'n, 394 S.W.2d 31 (Tex.Civ.App.1965), vacated on other grounds, 400 S.W.2d 749 (Texas 1966) (injunction not ordinarily granted merely to prevent the invocation of more favorable law unless an actual evasion of the substantive l......
-
Texas Quarter Horse Ass'n v. Am. Legion Dep't of Tex.
...e.g., Speer, 847 S.W.2d at 228–29 ; Raborn v. Davis, 795 S.W.2d 716, 717 (Tex.1990) (per curiam); United Servs. Auto. Ass'n v. Lederle, 400 S.W.2d 749, 749 (Tex.1966) (per curiam). See also International Ass'n of Machinists v. Federated Ass'n of Accessory Workers, 133 Tex. 624, 130 S.W.2d 2......
-
State v. Lodge, s. B-9431
...and dismiss the cause. City of Corpus Christi v. Public Utility Commission, 569 S.W.2d 494 (Tex.1978); United Services Automobile Association v. Lederle, 400 S.W.2d 749 (Tex.1966); Texas Foundries v. International Moulders & Foundry Workers' Union, 151 Tex. 239, 248 S.W.2d 460 (1952). Thus,......
-
Gannon v. Payne
...492 S.W.2d at 300; Lederle v. United Services Automobile Association, 394 S.W.2d 31, 34 (Tex.Civ.App.--Waco 1965), vacated as moot, 400 S.W.2d 749 (Tex.1966). When the sovereigns involved are not sister states but a state and a foreign nation, the policy of allowing parallel court proceedin......