Susan E. Harriman v. Mildred v. Ehrenberg and Julio Palmaz, M.D.

DISMISSED and Opinion Filed February 5, 2019
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-00800-CV
SUSAN E. HARRIMAN, Appellant
V.
STEVEN SOLOMON AND JULIO PALMAZ, M.D., Appellees
On Appeal from the 162nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-15-11994
MEMORANDUM OPINION
Before Justices Bridges, Brown, and Whitehill
Opinion by Justice Bridges
Before the Court is appellant’s December 17, 2018 motion to dismiss the appeal. Appellant
explains the parties have settled and the trial court signed an order of nonsuit with prejudice on
November 27, 2018. Appellant asks the Court to take notice of the parties’ settlement and order of
nonsuit with prejudice, vacate the trial court’s temporary injunction order of July 3, 2018, and
dismiss the appeal. Appellees filed a response to appellant’s motion. In their response, appellees
contend the trial court’s order of nonsuit renders this appeal moot. For this reason, they contend
the appropriate action for this Court is to dismiss the appeal as moot.
When a trial court grants a nonsuit after signing a temporary injunction, the temporary
injunction ceases to exist, and the appeal becomes moot. See Gen. Land Office v. Oxy U.S.A., Inc.,
789 S.W.2d 569, 571 (Tex. 1990). Accordingly, we grant appellant’s motion to the extent that we
dismiss the appeal as moot. See TEX. R. APP. P. 42.1(a)(2)(A).
/David L. Bridges/
DAVID L. BRIDGES
JUSTICE
180800F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
SUSAN E. HARRIMAN, Appellant On Appeal from the 162nd Judicial District
Court, Dallas County, Texas
No. 05-18-00800-CV V. Trial Court Cause No. DC-15-11994.
Opinion delivered by Justice Bridges.
STEVEN SOLOMON AND JULIO Justices Brown and Whitehill participating.
PALMAZ, M.D., Appellees
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
Subject to any agreement between the parties, it is ORDERED that appellees Steven
Solomon and Julio Palmaz, M.D., recover their costs of this appeal from appellant Susan E.
Harriman.
Judgment entered February 5, 2019.
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