the City of Alamo, Luciano Ozuna Jr., Roberto De La Garza, and Diana Martinez v. Baudelio Castillo

NUMBER 13-19-00038-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
THE CITY OF ALAMO, LUCIANO
OZUNA, JR., ROBERTO DE LA GARZA
AND DIANA MARTINEZ, Appellants,
v.
BAUDELIO CASTILLO, Appellee.
____________________________________________________________
On appeal from the 275th District Court
of Hidalgo County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Chief Justice Contreras and Justices Benavides and Hinojosa
Memorandum Opinion by Justice Hinojosa
Appellants have filed an interlocutory appeal of the trial court’s granting of a
temporary injunction. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(4). Currently
before the Court is the parties’ joint motion to dismiss the appeal as moot. In their joint
motion to dismiss, the parties represent that the trial court has since granted appellants’
plea to the jurisdiction, dismissing all of appellee’s claims. The parties therefore urge the
Court to dismiss the appeal as moot. See Hernandez v. Ebrom, 289 S.W.3d 316, 319
(Tex. 2009) (“Appeals of some interlocutory orders become moot because the orders
have been rendered moot by subsequent orders.”). The Court, having considered the
documents on file and the motion to dismiss the appeal, is of the opinion that the motion
should be granted. See TEX. R. APP. P. 42.1(a). The motion to dismiss is granted and
the appeal is hereby DISMISSED. Appellants shall bear the costs of this appeal. See
id. R. 42.1(d). Having dismissed the appeal at the parties’ request, no motion for
rehearing will be entertained, and our mandate will issue forthwith. Appellants’ motion
to submit the case for consideration is dismissed as moot.
LETICIA HINOJOSA
Justice
Delivered and filed the
30th day of May, 2019.
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