in Re: Susan Harriman ( 2018 )

Dismissed and Opinion Filed December 6, 2018
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-01332-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 Bridges, Brown, and Boatright
Opinion by Justice Bridges
Before the Court are relator’s petition for writ of mandamus and relator’s “Motion to
Vacate Trial Court Temporary Injunction Order, Implement Settlement Agreement and Dismiss.”
In this original proceeding, relator complains of the trial court’s April 13, 2018 Agreed Temporary
Injunction. 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 April 13, 2018 Agreed Temporary
Injunction and order the parties to bear their own costs. Real parties in interest Julio Palmaz, M.D.
and Steven Solomon filed a response to the motion. They oppose the relief requested by relator
and maintain that the non-suit and dismissal order rendered this proceeding moot and, therefore,
must be dismissed.
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 April 13, 2018 Agreed
Temporary Injunction 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 “Motion
to Vacate Trial Court Temporary Injunction Order, Implement Settlement Agreement and
Dismiss” and dismiss this original proceeding as moot without reaching the merits of the petition
for writ of mandamus.
/David L. Bridges/
DAVID L. BRIDGES
JUSTICE
181332F.P05
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