in Re: Susan Harriman ( 2018 )

Dismissed and Opinion Filed December 12, 2018
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-00770-CV
IN RE SUSAN HARRIMAN, Relator
Original Proceeding from the 162nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-15-11994
MEMORANDUM OPINION
Before Justices Lang-Miers, Fillmore, and Stoddart
Opinion by Justice Stoddart
Before the Court are relator’s petition for writ of mandamus and relator’s “Motion to
Dismiss and Vacate Trial Court Order.” In this original proceeding, relator complains of the trial
court’s June 29, 2018 order on motion to expand forensic examination. The parties have now
settled the underlying dispute, and the trial court has signed an “Order of Non-Suit with Prejudice”
and dismissed all claims at issue in this original proceeding. In her motion, relator requests that
this Court vacate the trial court’s forensic examination order, dismiss this original proceeding, and
order the parties to bear their own costs.
When a trial court dismisses an action pursuant to a notice of non-suit, a temporary order
rendered during the pendency of the cause automatically dissolves by operation of law without
further order of the trial court and renders appellate proceedings related to the order moot. Gen.
Land Office v. OXY U.S.A., Inc., 789 S.W.2d 569, 571 (Tex. 1990) (when trial court dismisses
lawsuit, temporary injunction is automatically dissolved); Goodman v. Hill, No. 05-13-01313-CV,
2014 WL 1576969, at *1 (Tex. App.—Dallas Apr. 21, 2014, no pet.) (“The trial court’s dismissal
of the underlying action automatically dissolved the temporary injunction, rendering the issues in
this appeal moot.”).
Here, the trial court’s dismissal automatically dissolved the order of which relator
complains. This controversy is, therefore, moot and must be dismissed. See Gen. Land. Office,
789 S.W.2d at 572. Accordingly, we deny relator’s request for an order vacating the trial court’s
forensic examination order, grant relator’s motion to dismiss, and dismiss this original proceeding
as moot without reaching the merits of the petition for writ of mandamus.
/Craig Stoddart/
CRAIG STODDART
JUSTICE
180770F.P05
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