Air Drilling Associates, Inc. v. Mike Vander Staak

• Court: Texas Court of Appeals, 1st District (Houston)
• Decided: January 22, 2026
• Docket: 01-24-00507-CV
• Status: Published

Opinion

Opinion issued January 22, 2026.

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00507-CV ——————————— AIR DRILLING ASSOCIATES, INC., Appellant V. MIKE VANDER STAAK, Appellee

On Appeal from the 80th District Court Harris County, Texas Trial Court Case No. 2023-24231

MEMORANDUM OPINION

Appellee Mike Vander Staak moved to dismiss as moot Appellant Air Drilling

Associates, Inc.’s accelerated appeal of the trial court’s Modified Order on

Plaintiff’s Verified Application for Temporary Injunctive Relief. Because the trial court rendered a final judgment in the underlying case on December 19, 2025, we

grant Appellee’s motion and dismiss the appeal for lack of jurisdiction.

DISCUSSION

Pursuant to Texas Rule of Appellate Procedure 42.3(a), on any party’s motion

or on its own initiative, this Court may dismiss an appeal for lack of jurisdiction. See

TEX. R. APP. P. 42.3(a). If a case becomes moot, the court must dismiss the case for

want of jurisdiction. See Heckman v. Williamson Cty., 369 S.W.3d 137, 162 (Tex.

2012).

An appellate court retains jurisdiction over the appeal of an interlocutory order

granting or refusing a temporary injunction until a final judgment moots

consideration of the appeal. See Bienati v. Cloister Holdings, LLC, 691 S.W.3d 493,

497 (Tex. 2024); see also Isuani v. Manske–Sheffield Radiology Grp., P.A., 802

S.W.2d 235, 236 (Tex. 1991). If the trial court renders and signs a final judgment in

the case while an appeal of its temporary injunction order is pending, the case on

appeal becomes moot. Isuani, 802 S.W.2d at 236. “When a case becomes moot on

appeal, all previous orders pertaining to the temporary injunction are set aside by the

appellate court and the case is dismissed.” Id.

2 The trial court entered final judgment in the underlying case on December 19,

2025.1 The trial court’s final judgment renders this interlocutory appeal from its

order granting Appellee’s temporary injunction moot. See id. We thus grant

Appellant’s motion, vacate the trial court’s order granting the temporary injunction,

and dismiss this appeal as moot. See TEX. R. APP. P. 43.2(e); Isuani, 802 S.W.2d at

236. We dismiss any other pending motions as moot.

PER CURIAM

Panel consists of Justices Rivas-Molloy, Gunn, and Caughey.

1 The trial court’s online docket available on the Harris County District Clerk’s website reflects that the final judgment in the underlying case was entered on December 19, 2025. We take judicial notice of the trial court’s online docket. See Venkatraman v. Skinner, No. 05-22-00298-CV, 2023 WL 5012105, at *2 n.3 (Tex. App.—Dallas Aug. 7, 2023, no pet.) (mem. op.) (taking judicial notice of online docket sheet in trial court because records are publicly available and not subject to reasonable dispute).