BCH Development, LLC and Blanchard Homes, LLC v. Lakeview Heights Addition Property Owners' Association and Barbara Wohlrabe

• Court: Court of Appeals of Texas
• Decided: April 20, 2015
• Docket: 05-14-00003-CV
• Status: Published

Opinion

Dismissed as Moot and Opinion Filed April 17, 2015

S Court of Appeals In The

Fifth District of Texas at Dallas No. 05-14-00003-CV

BCH DEVELOPMENT, LLC AND BLANCHARD HOMES, LLC, Appellants V. LAKEVIEW HEIGHTS ADDITION PROPERTY OWNERS’ ASSOCIATION AND BARBARA WOHLRABE, Appellees

On Appeal from the County Court at Law No. 1 Dallas County, Texas Trial Court Cause No. CC-13-05900-A

MEMORANDUM OPINION Before Justices Francis and Myers and Chief Justice Thomas, Retired1 Opinion by Chief Justice Thomas, Retired On December 13, 2013, the trial court signed its Order Granting Temporary Injunction

at the request of appellees Lakeview Heights Addition Property Owners’ Association and

Barbara Wohlrabe. Appellants BCH Development, LLC and Blanchard Homes, LLC filed this

interlocutory appeal challenging the temporary injunction. See TEX. CIV. PRAC. & REM. CODE

ANN. § 51.014(a)(4). While the interlocutory appeal was pending, the trial court granted

appellees’ Motion for Partial Summary Judgment in part and signed its Order Granting

Permanent Injunction. A copy of the Order Granting Permanent Injunction has been filed in this

1 The Honorable Linda Thomas, Chief Justice of the Court of Appeals for the Fifth District of Texas—Dallas, Retired, sitting by assignment. Court. The permanent injunction addresses the same issue as the temporary injunction: limits on

the construction of a residence by appellants at 6148 Monticello Avenue, Dallas, Texas 75214.

If, while on the appeal of the granting or denying of the temporary injunction, the trial

court enters a permanent injunction in the same matter, our consideration of the temporary

injunction becomes moot. See Richards v. Mena, 820 S.W.2d 372 (Tex. 1991). When a case

becomes moot on appeal, the appeal is dismissed. Isuani v. Manske–Sheffield Radiology Grp.,

P.A., 802 S.W.2d 235, 236 (Tex. 1991).

Accordingly, we dismiss the interlocutory appeal as moot.

140003F.P05 /Linda Thomas/ LINDA THOMAS CHIEF JUSTICE, RETIRED

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

BCH DEVELOPMENT, LLC AND On Appeal from the County Court at Law BLANCHARD HOMES, LLC, Appellants No. 1, Dallas County, Texas Trial Court Cause No. CC-13-05900-A. No. 05-14-00003-CV V. Opinion delivered by Chief Justice Thomas, Retired. Justices Francis and Myers LAKEVIEW HEIGHTS ADDITION participating. PROPERTY OWNERS’ ASSOCIATION AND BARBARA WOHLRABE, Appellees

In accordance with this Court’s opinion of this date, the appeal is DISMISSED AS MOOT.

It is ORDERED that appellees LAKEVIEW HEIGHTS ADDITION PROPERTY OWNERS’ ASSOCIATION and BARBARA WOHLRABE recover their costs of this appeal from appellants BCH DEVELOPMENT, LLC and BLANCHARD HOMES, LLC.

Judgment entered this 17th day of April, 2015.

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