in Re ERHC Energy. Inc., Peter Ntephe and Sylvan Odobulu ( 2019 )

Dismissed and Memorandum Opinion filed October 10, 2019.
In The
Fourteenth Court of Appeals
NO. 14-18-00981-CV
ERHC ENERGY INC., PETER NTEPHE, AND SYLVAN ODOBULU,
Appellants
V.
KOSMOS ENERGY SAO TOME AND PRINCIPE, Appellees
On Appeal from the 157th District Court
Harris County, Texas
Trial Court Cause No. 2017-71987
NO. 14-19-00271-CV
IN RE ERHC ENERGY. INC., PETER NTEPHE AND SYLVAN
ODOBULU, Relators
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
On Appeal from the 157th District Court
Harris County, Texas
Trial Court Cause No. 2017-71987
MEMORANDUM OPINION
On November 5, 2018, appellants appealed a modified temporary injunction
order. That appeal was assigned case number 14-18-00981-CV. On March 29, 2019,
relators filed a petition for writ of mandamus complaining of the same order in
addition to other orders issued to enforce the provisions of the temporary injunction.
That original proceeding was assigned case number 14-19-00271-CV. On April 9,
2019, this court consolidated the appeal and petition for writ of mandamus into one
action.
On September 6, 2019, the district clerk filed a supplemental clerk’s record
containing an order granting appellees’ nonsuit on July 15, 2019. On September 18,
2019, appellees notified this court that the trial court action was dismissed, and the
temporary injunction order is no longer in effect. The appeal and petition for writ of
mandamus are therefore moot. See Isuani v. Manske–Sheffield Radiology Grp., P.A.,
802 S.W.2d 235, 236 (Tex. 1991) (when a trial court renders a final judgment while
an appeal of an order granting or denying a temporary injunction is pending, the
temporary injunction order becomes moot).
Accordingly, the appeal and petition for writ of mandamus are dismissed as
moot.
PER CURIAM
Panel consists of Chief Justice Frost and Justices Wise and Zimmerer.
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