Charles Breithaupt, in His Official Capacity as Executive Director of the University Interscholastic League Tony Timmons, in His Official Capacity as Director of the Sports Officials Program of the University Interscholastic League v. Southwest Officials Association, Inc. D/B/A Texas Association of Sports Officials

CourtCourt of Appeals of Texas
DecidedJuly 3, 2013
Docket03-11-00265-CV
StatusPublished

This text of Charles Breithaupt, in His Official Capacity as Executive Director of the University Interscholastic League Tony Timmons, in His Official Capacity as Director of the Sports Officials Program of the University Interscholastic League v. Southwest Officials Association, Inc. D/B/A Texas Association of Sports Officials (Charles Breithaupt, in His Official Capacity as Executive Director of the University Interscholastic League Tony Timmons, in His Official Capacity as Director of the Sports Officials Program of the University Interscholastic League v. Southwest Officials Association, Inc. D/B/A Texas Association of Sports Officials) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Charles Breithaupt, in His Official Capacity as Executive Director of the University Interscholastic League Tony Timmons, in His Official Capacity as Director of the Sports Officials Program of the University Interscholastic League v. Southwest Officials Association, Inc. D/B/A Texas Association of Sports Officials, (Tex. Ct. App. 2013).

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-11-00265-CV

Charles Breithaupt, in his Official Capacity as Executive Director of the University Interscholastic League; Tony Timmons, in his Official Capacity as Director of the Sports Officials Program of the University Interscholastic League; Rick Reedy, Curtis Culwell, Greg Poole, and Mark Henry in their Official Capacities as Members of the University Interscholastic League Legislative Council, Appellants

v.

Southwest Officials Association, Inc. d/b/a Texas Association of Sports Officials, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 126TH JUDICIAL DISTRICT NO. D-1-GN-10-003159, HONORABLE ORLINDA NARANJO, JUDGE PRESIDING

MEMORANDUM OPINION

Appellants and appellee have filed a joint motion to dismiss this appeal, explaining

that recent legislation has mooted the legal questions at issue in this case. We grant the motion to

dismiss this appeal. See Tex. R. App. P. 42.1(a). In addition to the motion to dismiss, the appellee

filed an agreed motion to dismiss a related mandamus as well as the injunction that this Court

issued in that proceeding. See In re Texas Ass’n of Sports Officials, No. 03-11-00269-CV, 2011

Tex. App. LEXIS 3455 (Tex. App.—Austin May 6, 2011, orig. proceeding) (mem. op.). The related

mandamus became final in May 2011 when we issued our opinion, and the opinion specified that

the injunction would be active pending the disposition of the current appeal. Having dismissed the

current appeal, the injunction from the related mandamus is dissolved as per the language of the

opinion issued May 6, 2011. __________________________________________

David Puryear, Justice

Before Justices Puryear, Henson, and Goodwin Justice Henson not participating

Dismissed on Joint Motion

Filed: July 3, 2013

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Charles Breithaupt, in His Official Capacity as Executive Director of the University Interscholastic League Tony Timmons, in His Official Capacity as Director of the Sports Officials Program of the University Interscholastic League v. Southwest Officials Association, Inc. D/B/A Texas Association of Sports Officials, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charles-breithaupt-in-his-official-capacity-as-executive-director-of-the-texapp-2013.