Bryan Collier in His Official Capacity as Executive Director of the Texas Department of Criminal Justice v. Robert Wayne Mitchell

• Court: Court of Appeals of Texas
• Decided: June 4, 2024
• Docket: 05-23-01001-CV
• Status: Published

Opinion

VACATE and DISMISS and Opinion Filed June 4, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-01001-CV

BRYAN COLLIER IN HIS OFFICIAL CAPACITY AS EXECUTIVE DIRECTOR OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE, Appellant V. ROBERT WAYNE MITCHELL, Appellee

On Appeal from the 298th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-23-04417

MEMORANDUM OPINION Before Justices Molberg, Nowell, and Kennedy Opinion by Justice Nowell The trial court entered a temporary injunction, and appellant filed this

interlocutory appeal. While the appeal was pending, the trial court rendered final

judgment that disposed of all parties and claims in the cause below.

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 v. Manske-Sheffield Radiology Grp., P.A., 802 S.W.2d 235, 236 (Tex. 1991).

“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. Here, the trial court’s final judgment in the underlying cause renders this

interlocutory appeal from its order granting appellee’s temporary injunction moot.

See id.

We 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.

/Erin A. Nowell/ ERIN A. NOWELL 231001F.P05 JUSTICE

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

BRYAN COLLIER IN HIS On Appeal from the 298th Judicial OFFICIAL CAPACITY AS District Court, Dallas County, Texas EXECUTIVE DIRECTOR OF THE Trial Court Cause No. DC-23-04417. TEXAS DEPARTMENT OF Opinion delivered by Justice Nowell. CRIMINAL JUSTICE, Appellant Justices Molberg and Kennedy participating. No. 05-23-01001-CV V.

ROBERT WAYNE MITCHELL, Appellee

In accordance with this Court’s opinion of this date, the trial court’s September 26, 2023 order granting appellee’s application for temporary injunction is VACATED, and the appeal is DISMISSED as moot.

It is ORDERED that each party bear its own costs of this appeal.

Judgment entered this 4th day of June 2024.

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