University of Texas Medical Branch at Galveston v. Estate of Blackmon Ex Rel. Shultz

The interlocutory appeal has become moot because the plaintiff, appellee, has dismissed their claims against the defendant, appellant. U.T. takes the position that the general rule that a dismissal can be taken at any time is superseded by the statute that an interlocutory appeal stays all trial court proceedings. Tex. Civ. PRAC. & Rem. Code Ann § 51.014(b) (Vernon Supp. 2004-05). Appellee responds that U.T. is relying on the current statute and this appeal was brought under the former statute that provided that only the commencement of the trial was stayed by an interlocutory appeal. Act of…