AEP Texas Inc. v. Wilks Ranch Texas, Ltd. Daniel H. Wilks Staci Wilks And Farjo Ranch, LLC ( 2024 )


Menu:
  • Opinion filed May 23, 2024
    In The
    Eleventh Court of Appeals
    ___________
    No. 11-22-00306-CV
    ___________
    AEP TEXAS INC., Appellant
    V.
    WILKS RANCH TEXAS, LTD.; DANIEL H. WILKS; STACI
    WILKS; AND FARJO RANCH, LLC, Appellees
    On Appeal from the 91st District Court
    Eastland County, Texas
    Trial Court Cause No. CV-2246425
    MEMORANDUM OPINION
    This interlocutory appeal arises from the trial court’s order granting
    Appellees’ request for a temporary injunction. On May 9, 2024, the trial court signed
    a final judgment in the cause below that disposed of all parties and all claims asserted
    by and between them. On May 15, Appellant filed an unopposed motion to vacate
    the temporary injunction and to dismiss this interlocutory appeal. In the motion,
    Appellant states that, as a result of the trial court’s final judgment, “there is no longer
    a justiciable controversy concerning the propriety of injunctive relief in this case,
    and that issue is moot.” We agree.
    If the trial court renders and signs a final judgment in the case while an appeal
    of its temporary injunction order is pending, the case on appeal becomes moot.
    Isuani v. Manske-Sheffield Radiology Grp., P.A., 
    802 S.W.2d 235
    , 236 (Tex. 1991)
    (citing Conway v. Irick, 
    429 S.W.2d 648
    , 650 (Tex. App.—Fort Worth 1968, writ
    ref’d)). “When a case becomes moot on appeal, all previous orders pertaining to the
    temporary injunction are set aside by the appellate court and the case is dismissed.”
    
    Id.
     (citing Texas Foundries, Inc. v. Int’l Moulders & Foundry Workers’ Union, 
    248 S.W.2d 460
    , 461 (Tex. 1952)).          Here, the trial court’s final judgment in the
    underlying cause renders this interlocutory appeal from its order granting Appellees’
    temporary injunction moot. 
    Id.
    Accordingly, we grant Appellant’s motion, vacate the trial court’s order
    granting the temporary injunction, and dismiss this appeal.                See TEX. R.
    APP. P. 43.2(e); Isuani, 802 S.W.2d at 236.
    W. STACY TROTTER
    JUSTICE
    May 23, 2024
    Panel consists of: Bailey, C.J.,
    Trotter, J., and Williams, J.
    2
    

Document Info

Docket Number: 11-22-00306-CV

Filed Date: 5/23/2024

Precedential Status: Precedential

Modified Date: 5/25/2024