Otto v. Rau Petroleum Products

WARREN, Justice.

Appellee has filed a motion praying for dismissal of this cause on appeal alleging that the appellant has fully paid, satisfied and discharged the money judgment rendered in the trial court and that a full and complete release of said judgment and liens existing by reason thereof has been executed and delivered. Appellant does not dispute the facts alleged in appellee’s motion.

Appellate courts will not decide moot cases or abstractions. Cain, Brogden & Cain, Inc. v. Int’i Brotherhood of Teamsters 155 Tex. 304, 285 S.W.2d 942 (1956). Where a defendant has voluntarily paid the…