City of Hempstead, Texas v. Sergio Zamora ( 2021 )


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  • Motion Granted; Appeal Dismissed and Memorandum Opinion filed October
    12, 2021.
    In The
    Fourteenth Court of Appeals
    NO. 14-21-00309-CV
    CITY OF HEMPSTEAD, TEXAS, Appellant
    V.
    SERGIO ZAMORA, Appellee
    On Appeal from the 506th Judicial District Court
    Waller County, Texas
    Trial Court Cause No. CV21-04-0123
    MEMORANDUM OPINION
    This interlocutory appeal was brought from an order granting a temporary
    injunction. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(4). Appellee filed a
    motion to dismiss the appeal as moot because the trial court granted appellee’s
    motion to dissolve the temporary injunction on August 3, 2021. Appellant filed a
    response and appellee filed a reply.
    Appellant argues that (1) the temporary injunction was improperly granted
    and (2) the trial court abused its discretion in setting a “nominal bond.” 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); Parham Family Ltd. P’ship
    v. Morgan, No. 14-12-00195-CV, 
    2012 WL 3866504
     at *1 (Tex. App.—Houston
    [14th Dist.] Sept. 6, 2012, no pet.) (mem. op.). When a temporary injunction
    becomes inoperative, the issue of its propriety is moot. Parham Family, 
    2012 WL 3866504
     at *1.
    As to appellant’s contention that the trial court abused its discretion in
    setting the amount of bond, we are also without jurisdiction. See Legend Airlines,
    Inc. v. City of Fort Worth, 
    23 S.W.3d 83
    , 97 (Tex. App.—Fort Worth 2000, pet.
    denied) (stating, “[t]he propriety of the injunction and bond is now moot, however,
    because the trial court dissolved the injunction.”); Ridgepoint Rentals, LLC v.
    McGrath, No. 09-16-00393-CV, No. 09-17-0006-CV, 
    2017 WL 6062290
     at *10
    (Tex. App.—Beaumont Dec. 7, 2017, pet. denied) (mem. op.) (same).
    The order on appeal is inoperative. An opinion would be advisory.
    Appellee’s motion is granted, and the appeal is dismissed for want of jurisdiction.
    See Tex. R. App. 42.3(a).
    PER CURIAM
    Panel Consists of Justices Jewell, Spain, and Wilson.
    2
    

Document Info

Docket Number: 14-21-00309-CV

Filed Date: 10/12/2021

Precedential Status: Precedential

Modified Date: 10/18/2021