SUBSTITUTE OPINION
We withdraw our opinion and judgment of June 19, 2023, and substitute the following opinion.
Appellant Larry Johnsons counsel has filed an unopposed motion to dismiss this appeal and the underlying cause of action based on Johnsons death during the pendency of the appeal. Appellants counsels motion was filed with this Court on October 27, 2023. The motion attaches a copy of a death certificate reflecting that, unbeknownst to this Court, Johnson had died on May 21, 2023, almost a month before our prior opinion and judgment were issued on June 19, 2023. We dismiss for want of jurisdiction.
Because this case appeals a civil commitment based on an adjudication that Johnson was a sexually violent predator, it involves personal rights only, not property rights. See In re Commitment of Fisher, 164 S.W.3d 637, 640 (Tex. 2005) (civil commitment procedure at issue is for long-term supervision and treatment of sexually violent predators) (citing Tex. Health & Safety Code § 841.001). Consequently, Johnsons death mooted the entire case, depriving both this Court and the trial court of subject matter jurisdiction. See In re J.J.H., 546 S.W.3d 765, 766 (Tex. App.—Houston [1st Dist.] 2018, no pet.) (holding that analogous order requiring appellant to register as sex offender affected only personal rights, not property rights, thus appellants death mooted appeal and made dismissal for want of jurisdiction proper); Olson v. Commn for Lawyer Discipline, 901 S.W.2d 520, 525 (Tex. App.—El Paso 1995, no writ) (holding that partys death during the pendency of the appeal required a setting aside of the trial courts judgment as no actual existing controversy remained and no property rights would be affected.).
1
Accordingly, without reference to the merits, we withdraw our prior opinion and judgment issued on June 19, 2023, we vacate the trial courts judgment, and we dismiss the case as moot. See Tex. R. App. P. 43.2(e).
FOOTNOTES
1
. The matters mooted on appeal include Johnsons motion for rehearing filed on June 30, 2023.
GINA M. PALAFOX, Justice
Rodriguez, C.J., (not participating)