Robert Scott, in His Official Capacity as Commissioner of Education v. Gulf Shores Academy, Inc. ( 2009 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-06-00367-CV
Robert Scott, in his Official Capacity as Commissioner of Education, Appellant
v.
Gulf Shores Academy, Inc., Appellee
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 98TH JUDICIAL DISTRICT
NO. D-1-GN-06-001421
HONORABLE GISELA D. TRIANNA-DOYAL, JUDGE PRESIDING
MEMORANDUM OPINION
This is an interlocutory appeal from a temporary injunction entered by the trial court
on June 9, 2006. Pursuant to the request of appellant Robert Scott, in his official capacity as
Commissioner of Education,1 this Court abated the instant appeal on September 8, 2006. The appeal
was reinstated on May 4, 2009. Upon its own motion, this Court requested the trial court to
supplement the record with a copy of the docket sheet showing all proceedings from the date this
Court abated the appeal to present. Upon review of the docket sheet, this Court determined that the
trial court signed an “Agreed Permanent Injunction Order”on April 19, 2007. Because the trial court
has rendered an agreed permanent injunction, we conclude that the instant appeal from the trial
court’s temporary injunction is now moot. See Richards v. Mena, 820 S.W.2d 372, 372 (Tex. 1991)
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We substitute Robert Scott for Shirley Neeley as the Commissioner of Education. See
Tex. R. App. P. 7.2(a).
(holding that appeal of a temporary injunction was rendered moot by the rendering of a
permanent injunction); Coalition of Cities for Affordable Utility Rates v. Third Court of Appeals,
787 S.W.2d 946, 947 (Tex. 1990) (orig. proceeding) (same). We therefore dismiss the instant appeal.
__________________________________________
Jan P. Patterson, Justice
Before Justices Patterson, Puryear and Pemberton
Dismissed as Moot
Filed: August 21, 2009
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