Hunter-Kelsey of Texas, LLC and Stronghill Texas, LLC v. Bapa Brooklyn 2004, LLC

• Court: Court of Appeals of Texas
• Decided: January 22, 2021
• Docket: 05-20-00673-CV
• Status: Published

Opinion

Dismiss and Opinion Filed January 22, 2021

In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00673-CV

HUNTER-KELSEY OF TEXAS, LLC AND STRONGHILL TEXAS, LLC, Appellants V. BAPA BROOKLYN 2004, LLC, Appellee

On Appeal from the 101st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-03081-E

MEMORANDUM OPINION Before Justices Molberg, Reichek, and Nowell Opinion by Justice Nowell This is an appeal from the trial court’s June 25, 2020 Order Granting

Temporary Injunction. By notice filed on January 8, 2021, appellants informed the

Court that the trial court entered an Order Granting Defendants’ Emergency Motion

to Reconsider Temporary Injunction and Dissolving Temporary Injunction on

January 4, 2021. A copy of the trial court’s January 4, 2021 order has been provided

to this Court. The order states in part: “the Order Granting Temporary Injunction

dated June 25, 2020 in this case is dissolved in full, without any exception or reservation, and is void ab initio.” Appellants pray the case be dismissed for

mootness.

An appeal from a temporary injunction order is rendered moot and must be

dismissed if the injunction is dissolved. See Star Med. Ctr., LLC v. Tritin Med.

Distribution, LLC, No. 05-20-00345-CV, 2020 WL 3071709, at *1 (Tex. App.—

Dallas June 10, 2020, no pet.) (mem. op.) (citing State v. Ruiz Wholesale Co., 901

S.W.2d 772, 775, 778 (Tex. App.—Austin 1995, no writ)).

The trial court’s January 4, 2021 order dissolved the temporary injunction that

is the subject of this appeal and moots the appeal. Accordingly, we grant the motion

to dismiss and dismiss the appeal.

/Erin A. Nowell/ ERIN A. NOWELL JUSTICE

200673F.P05

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

HUNTER-KELSEY OF TEXAS, On Appeal from the 101st Judicial LLC AND STRONGHILL TEXAS, District Court, Dallas County, Texas LLC, Appellants Trial Court Cause No. DC-20-03081- E. No. 05-20-00673-CV V. Opinion delivered by Justice Nowell. Justices Molberg and Reichek BAPA BROOKLYN 2004, LLC, participating. Appellee

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

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

Judgment entered this 22nd day of January, 2021.

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