Michael J. Boyzuick and Garda Security Inc. v. Brink's Incorporated ( 2012 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-12-00403-CV
Michael J. Boyzuick and Garda § From the 393rd District Court of
Security Inc.
§ Denton County (2012-60975-393)
v. § December 6, 2012
Brink's Incorporated § Per Curiam
JUDGMENT
This court has considered the record on appeal in this case and holds that
the appeal should be dismissed. It is ordered that the appeal is dismissed for
want of jurisdiction.
SECOND DISTRICT COURT OF APPEALS
PER CURIAM
COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-12-00403-CV
MICHAEL J. BOYZUICK AND APPELLANTS
GARDA SECURITY INC. AND APPELLEES
V.
BRINK’S APPELLEE
INCORPORATED AND APPELLANT
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FROM THE 393RD DISTRICT COURT OF DENTON COUNTY
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MEMORANDUM OPINION1
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Appellants Michael J. Boyzuick and Garda Security Inc. filed a notice of
accelerated appeal from the trial court’s September 20, 2012 order granting a
temporary injunction for Appellee Brink’s Incorporated. See Tex. Civ. Prac. &
Rem. Code Ann. § 51.014(a)(4) (West 2008 & Supp. 2012). Subsequently,
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See Tex. R. App. P. 47.4.
Boyzuick and Garda filed a motion for partial summary judgment, and the trial
court granted it, modifying the temporary injunction order. On November 13,
2012, Brink’s filed a motion for review of the modified temporary injunction order
in this court, arguing that because the order that had been the basis of Boyzuick
and Garda’s appeal had been changed, the appeal was moot. Boyzuick and
Garda did not file a response to the motion, but Brink’s amended certificate of
conference indicated that Boyzuick and Garda were unopposed to the motion.
“Appeals of some interlocutory orders become moot because the orders
have been rendered moot by subsequent orders.” Hernandez v. Ebrom, 289
S.W.3d 316, 319 (Tex. 2009). And, as here, if the controversy at issue ceases to
exist, the case becomes moot. See Clawson v. Crosby ISD, No. 14-11-00532-
CV, 2012 WL 4757927, at *1, 3 (Tex. App.—Houston [14th Dist.] Oct. 4, 2012, no
pet. h.) (mem. op.) (dismissing appeal for want of jurisdiction when there were no
issues in controversy in the appeal). We therefore dismiss the appeal of the
original temporary injunction order only, without prejudice to the appeal, if any, of
the subsequently modified temporary injunction order. See Richards v. Mena,
820 S.W.2d 372, 372 (Tex. 1991); see also Tex. R. App. P. 43.2(f).
PER CURIAM
PANEL: MCCOY, MEIER, and GABRIEL, JJ.
DELIVERED: December 6, 2012
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