Del Rio Land, Inc. v. Haumont

I must dissent from the majority decision. It is my opinion that the appeal is not moot and that a genuine issue as to a material fact exists which precludes the summary judgment rendered by the trial court. I would reverse the summary judgment and remand the case for a trial on the merits.

An important aspect of this case is that it was disposed of by summary judgment and the appellant, Del Rio Land, Inc., on appeal is entitled to have all inferences drawn from the evidence in its favor, even as regards the question of mootness. There is no law that favors mooting a case on appeal; quite to…