Parham Family Limited Partnership and Van E. Parham, Jr. v. Diane Morgan F/ka/ Diane Parham ( 2012 )


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  • Motion Granted; Appeal Dismissed and Memorandum Opinion filed September 6,
    2012.
    In The
    Fourteenth Court of Appeals
    NO. 14-12-00195-CV
    PARHAM FAMILY LIMITED PARTNERSHIP AND VAN E. PARHAM, JR.,
    Appellants
    V.
    DIANE MORGAN F/KA/ DIANE PARHAM, Appellee
    On Appeal from County Civil Court at Law No. 3
    Harris County, Texas
    Trial Court Cause No. 933543
    MEMORANDUM                       OPINION
    This interlocutory appeal is from an order signed February 20, 2012, in which the
    trial court granted a post-trial anti-suit temporary injunction. On August 15, 2012,
    appellee filed a motion to dismiss the appeal as moot. As of this date, appellants have not
    filed a response.
    On August 8, 2012, the trial court signed a final judgment. We are prohibited
    from reviewing a temporary injunction that is moot because such a review would
    constitute an impermissible advisory opinion. Nat'l Collegiate Athletic Ass'n v. Jones, 
    1 S.W.3d 83
    , 86 (Tex.1999). When a temporary injunction becomes inoperative, the issue
    of its validity is moot. 
    Id. We must
    dismiss the case once it becomes moot on appeal.
    Isuani v. Manske-sheffield Radiology Group, P.A.,, 
    802 S.W.2d 235
    , 236 (Tex.1991).
    The order on appeal has clearly become inoperative. Any opinion regarding
    whether the trial court erred would therefore be advisory and without any practical legal
    effect. Appellee's motion is granted and the appeal is ordered dismissed.
    PER CURIAM
    Panel consists of Justices Frost, Christopher, and Jamison.
    2
    

Document Info

Docket Number: 14-12-00195-CV

Filed Date: 9/6/2012

Precedential Status: Precedential

Modified Date: 9/23/2015