Carolyn James v. Michael Easton and Peter Riga

• Court: Court of Appeals of Texas
• Decided: January 27, 2011
• Docket: 14-10-00471-CV
• Status: Published

Opinion

Motion Granted; Appeal Dismissed and Memorandum Opinion filed January 27, 2011.

In The

Fourteenth Court of Appeals

____________

NO. 14-10-00471-CV

CAROLYN JAMES, Appellant

V.

MICHAEL EASTON AND PETER RIGA, Appellees

On Appeal from the 61st District Court

Harris County, Texas

Trial Court Cause No. 2010-12915

M E M O R A N D U M   O P I N I O N

This is an appeal from an order signed May 3, 2010.  On December 21, 2010, appellees filed a motion to dismiss because the appeal is moot.

This appeal is brought from the denial of a temporary injunction.  Subsequently, the trial court granted appellees’ motion to dismiss appellant’s lawsuit.  Appellees then filed a motion to dismiss this appeal.  Appellant filed a response and a motion to vacate the trial court’s order.

“If, while on the appeal of the granting or denying of the temporary injunction, the trial court renders final judgment, the case on appeal becomes moot.”  Isuani v. Manske-Sheffield Radiology Group, P.A., 802 S.W.2d 235 (Tex. 1991).  Appellant’s motion to vacate is denied.  Appellees’ motion to dismiss is granted and the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Brown, Boyce, and Jamison.