BCH Development, LLC and Blanchard Homes, LLC v. Lakeview Heights Addition Property Owners' Association and Barbara Wohlrabe ( 2015 )

Dismissed as Moot and Opinion Filed April 17, 2015
S
Court of Appeals
In The
Fifth District of Texas at Dallas
No. 05-14-00003-CV
BCH DEVELOPMENT, LLC AND BLANCHARD HOMES, LLC, Appellants
V.
LAKEVIEW HEIGHTS ADDITION PROPERTY OWNERS’ ASSOCIATION AND
BARBARA WOHLRABE, Appellees
On Appeal from the County Court at Law No. 1
Dallas County, Texas
Trial Court Cause No. CC-13-05900-A
MEMORANDUM OPINION
Before Justices Francis and Myers and Chief Justice Thomas, Retired1
Opinion by Chief Justice Thomas, Retired
On December 13, 2013, the trial court signed its Order Granting Temporary Injunction
at the request of appellees Lakeview Heights Addition Property Owners’ Association and
Barbara Wohlrabe. Appellants BCH Development, LLC and Blanchard Homes, LLC filed this
interlocutory appeal challenging the temporary injunction. See TEX. CIV. PRAC. & REM. CODE
ANN. § 51.014(a)(4). While the interlocutory appeal was pending, the trial court granted
appellees’ Motion for Partial Summary Judgment in part and signed its Order Granting
Permanent Injunction. A copy of the Order Granting Permanent Injunction has been filed in this
1
The Honorable Linda Thomas, Chief Justice of the Court of Appeals for the Fifth District of Texas—Dallas, Retired, sitting by
assignment.
Court. The permanent injunction addresses the same issue as the temporary injunction: limits on
the construction of a residence by appellants at 6148 Monticello Avenue, Dallas, Texas 75214.
If, while on the appeal of the granting or denying of the temporary injunction, the trial
court enters a permanent injunction in the same matter, our consideration of the temporary
injunction becomes moot. See Richards v. Mena, 820 S.W.2d 372 (Tex. 1991). When a case
becomes moot on appeal, the appeal is dismissed. Isuani v. Manske–Sheffield Radiology Grp.,
P.A., 802 S.W.2d 235, 236 (Tex. 1991).
Accordingly, we dismiss the interlocutory appeal as moot.
140003F.P05
/Linda Thomas/
LINDA THOMAS
CHIEF JUSTICE, RETIRED
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
BCH DEVELOPMENT, LLC AND On Appeal from the County Court at Law
BLANCHARD HOMES, LLC, Appellants No. 1, Dallas County, Texas
Trial Court Cause No. CC-13-05900-A.
No. 05-14-00003-CV V. Opinion delivered by Chief Justice Thomas,
Retired. Justices Francis and Myers
LAKEVIEW HEIGHTS ADDITION participating.
PROPERTY OWNERS’ ASSOCIATION
AND BARBARA WOHLRABE, Appellees
In accordance with this Court’s opinion of this date, the appeal is DISMISSED AS
MOOT.
It is ORDERED that appellees LAKEVIEW HEIGHTS ADDITION PROPERTY
OWNERS’ ASSOCIATION and BARBARA WOHLRABE recover their costs of this appeal
from appellants BCH DEVELOPMENT, LLC and BLANCHARD HOMES, LLC.
Judgment entered this 17th day of April, 2015.
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