Poole v. Giles

248 S.W.2d 464, 151 Tex. 224, 1952 Tex. LEXIS 433

• Court: Texas Supreme Court
• Decided: March 26, 1952
• Docket: A-3272
• Status: Published

Opinions

Mr. Justice Wilson

delivered the opinion of the Court.

Plaintiff below (T. J. Poole, Jr., et al. and Donald K. Poole) sought and gained an injunction against the School Land Board of Texas prohibiting that body from accepting bids and executing oil and gas leases to certain land in Brazoria County, Texas. The trial court granted a temporary injunction, which, on appeal, has been dissolved. (239 S. W. 2d. 665.) Immediately thereafter the School Land Board accepted bids and executed leases upon the land in question. Plaintiffs applied for and were granted writ of error.

An order dissolving a temporary injunction is effective immediately even though not final. Rule 385(d), T.R.C.P.; Alpha Petroleum Co. v. Terrell, 122 Texas 257, 59 S. W. 2d. 372; Duncan v. Boyd, CCA 1926, 288 S. W. 281.

The temporary injunction was sought on the basis that the Board exceeded its authority. Since the injunction was dissolved at the time the Board acted, an action for contempt would not lie. It would be a vain thing for this court to reinstate the injunction when the act sought to be prohibited has already occurred. Therefore this case is moot. City of West University Place v. Martin, 132 Texas 354, 123 S. W. 2d. 638, (S. Ct. 1939) ; International Ass’n. of Machinists v. Federated Ass’n. of Accessory Workers, 133 Texas 624, 130 S. W. 2d. 282 (Tex. Com. App., 1939) ; West v. Culpepper, 135 Texas 156, 140 S. W. 2d. 166, (Tex. Com. App., 1940) ; Service Finance Corporation v. Grote, 133 Texas 606, 131 S. W. 2d. 93, (Tex. Com. App., 1939). Plaintiffs are not without a remedy. See Art. 5421c, Vernon’s Annotated Civil Statutes, et seq.

We do not pass upon the merits of the controversy. The case is dismissed. International Ass’n. of Machinists v. Federal Ass’n. of Accessory Workers, supra.

Opinion delivered March 26, 1952.