Satfraz Taj and Zubeda Taj v. Highlander Community Services and Investment, LLC ( 2019 )

DISMISSED; Opinion Filed August 27, 2019.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00369-CV
SATFRAZ TAJ AND ZUBEDA TAJ, Appellants
V.
HIGHLANDER COMMUNITY SERVICES AND INVESTMENT, LLC, Appellee
On Appeal from the 366th Judicial District Court
Collin County, Texas
Trial Court Cause No. 366-02669-2018
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Molberg, and Justice Nowell
Opinion by Justice Nowell
This is an appeal from the trial court’s March 21, 2019 order denying appellant’s request
for a temporary injunction. By notice filed August 15, 2019, appellee has informed the Court that
a final judgment has been signed and prays the case be dismissed. Attached to the notice is the
judgment, which has also been included in a supplemental clerk’s record. We construe the notice
as a motion to dismiss and grant the motion.
The signing of a final judgment while an appeal of an order granting or denying a temporary
injunction is pending moots the appeal. See Isuani v. Manske-Sheffield Radiology Grp., P.A., 802
S.W.2d 235, 236 (Tex. 1991) (per curiam). When an appeal from the denial of a temporary
injunction becomes moot because a final judgment has been signed, we must set aside all previous
trial court orders concerning the requested temporary injunction and dismiss the case. See id.
(citing Tex. Foundries, Inc. v. Int’l Moulders & Foundry Workers’ Union, 248 S.W.2d 460, 461
(Tex. 1952).
More than ten days have passed since appellee’s motion was filed, and appellants have not
responded to the motion. Because the trial court has signed a final judgment and nothing before
us reflects the appeal is not moot, we grant the motion, set aside the trial court’s order denying the
request for a temporary injunction, and dismiss the case. See TEX. R. APP. P. 42.3(a); Isuani, 802
S.W.2d at 236.
/Erin A. Nowell/
ERIN A. NOWELL
JUSTICE
190369F.P05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
SATFRAZ TAJ AND ZUBEDA TAJ, On Appeal from the 366th Judicial District
Appellants Court, Collin County, Texas
Trial Court Cause No. 366-02669-2018.
No. 05-19-00369-CV V. Opinion delivered by Justice Nowell, Chief
Justice Burns and Justice Molberg
HIGHLANDER COMMUNITY participating.
SERVICES AND INVESTMENT, LLC,
Appellee
In accordance with this Court’s opinion of this date, we SET ASIDE the trial court’s order
denying the request for temporary injunction and DISMISS the case.
We ORDER that appellee Highlander Community Services and Investment, LLC recover
its costs, if any, of this appeal from appellants Satfraz Taj and Zubeda Taj.
Judgment entered this 27th day of August, 2019.
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