IN RE: the Marriage of A.L.F.L. and K.L.L. and In the Interest of K.A.F.L.

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Court of Appeals of Texas, San Antonio.

IN RE: the Marriage of A.L.F.L. and K.L.L. and In the Interest of K.A.F.L., a Child

No. 04-14-00364-CV

Decided: July 29, 2015

Sitting: Marialyn Barnard, Justice, Rebeca C. Martinez, Justice, Patricia O. Alvarez, Justice


This is an appeal from a trial court's order denying a plea to the jurisdiction in a same-sex divorce matter.   On June 30, 2015, we rendered an order that, among other things, ordered appellant to show cause why we should not dismiss this appeal as moot in light of the United States Supreme Court's decision in Obergefell v. Hodges.   See Nos. 14–556, 14–574, 14–562, & 14–571, ––– U.S. –––– (June 26, 2015).   On July 16, 2015, appellant filed a response to our order and a motion to dismiss.

Appellant seems to agree the appeal is moot in light of the Obergefell decision.  “A case becomes moot if, since the time of filing, there has ceased to exist a justiciable controversy between the parties—that is, if the issues presented are no longer ‘live,’ or if the parties lack a legally cognizable interest in the outcome.”  Heckman v. Williamson Cty., 369 S.W.3d 137, 162 (Tex.2012);  see also Williams v. Lara, 52 S.W.3d 171, 184 (Tex.2000).   Accordingly, we dismiss the appeal as moot.   See id.   In light of our decision to dismiss the appeal as moot, appellant's motion to dismiss is moot, as is the motion to dismiss for want of jurisdiction filed by appellees on June 13, 2014, which was ordered carried with the case.