Mark Smith v. James T. Sierra, Joy Weber, Kimberly Reedy, Sierra Cosmetic and Family Denistry, P.C. D/B/A Friendswood Dental Group

• Court: Texas Court of Appeals, 1st District (Houston)
• Decided: May 28, 2026
• Docket: 01-25-00737-CV
• Status: Published

Opinion

Opinion issued May 28, 2026

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-25-00737-CV ——————————— MARK SMITH, Appellant V. JAMES T. SIERRA, JOY WEBER, KIMBERLY REEDY, SIERRA COSMETIC AND FAMILY DENISTRY, P.C. D/B/A FRIENDSWOOD DENTAL GROUP, AND MICHAEL O’DONNELL, Appellees

On Appeal from the 212th District Court Galveston County, Texas Trial Court Case No. 25-CV-1332

MEMORANDUM OPINION

Appellant Mark Smith, pro se, appeals from the trial court’s denial of his

application for temporary injunction. Because the trial court rendered a final judgment in the underlying case on December 22, 2025, we dismiss the appeal for

lack of jurisdiction.

DISCUSSION

Pursuant to Texas Rule of Appellate Procedure 42.3(a), on any party’s

motion or on its own initiative, this Court may dismiss an appeal for lack of

jurisdiction. See TEX. R. APP. P. 42.3(a). If a case becomes moot, the court must

dismiss the case for want of jurisdiction. See Heckman v. Williamson Cty., 369

S.W.3d 137, 162 (Tex. 2012).

An appellate court retains jurisdiction over the appeal of an interlocutory

order granting or refusing a temporary injunction until a final judgment moots

consideration of the appeal. See Bienati v. Cloister Holdings, LLC, 691 S.W.3d

493, 497 (Tex. 2024); see also Isuani v. Manske–Sheffield Radiology Grp., P.A.,

802 S.W.2d 235, 236 (Tex. 1991). 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, 802 S.W.3d at 236. “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.

The trial court entered final judgment in the underlying case on December

22, 2025. The trial court’s final judgment renders this interlocutory appeal from its

September 11, 2025 order denying Appellant’s temporary injunction moot. See id.

2 We thus vacate the trial court’s order denying the temporary injunction and dismiss

this appeal as moot. See TEX. R. APP. P. 43.2(e); Isuani, 802 S.W.2d at 236; Taj v.

Highlander Cmty. Servs. & Inv., LLC, No. 05-19-00369-CV, 2019 WL 4033946, at

*1 (Tex. App.—Dallas Aug. 27, 2019, no pet.) (mem. op.) (setting aside trial

court’s order denying request for temporary injunction and dismissing appeal

because trial court had signed final judgment and nothing indicated appeal was not

moot). We dismiss any other pending motions as moot.

Conclusion

We vacate the trial court’s order denying the temporary injunction and

dismiss this appeal as moot.

Veronica Rivas-Molloy Justice

Panel consists of Justices Rivas-Molloy, Guiney, and Morgan.