Carl Joiner v. Matt Wiggins

Opinion issued September 29, 2022
In The
Court of Appeals
For The
First District of Texas
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NO. 01-22-00277-CV
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CARL JOINER, Appellant
V.
MATT WIGGINS, Appellee
On Appeal from the 405th District Court
Galveston County, Texas
Trial Court Case No. 21-CV-2082
MEMORANDUM OPINION
Appellant Carl Joiner filed this interlocutory appeal seeking review of the trial
court’s order refusing his request for the entry of a temporary injunction requiring
removal of allegedly defamatory billboards and signs. See TEX. CIV. PRAC. & REM.
CODE § 51.014(a)(4) (allowing appeal from refusal to grant temporary injunction).
Joiner has now filed a motion to dismiss his appeal on the ground of mootness
because the billboards and signs at issue have been removed. See TEX. R. APP. P.
42.1(a)(1) (providing that appellant may dismiss appeal so long as dismissal does
not prevent a party from seeking relief to which it otherwise would be entitled).
Joiner’s underlying claim for defamation remains pending in the trial court.
Appellee Matt Wiggins has not filed a response opposing dismissal.
We grant Joiner’s motion and dismiss the appeal as moot. See TEX. R. APP. P.
43.2(f) (court of appeals may render judgment dismissing appeal); see, e.g., Gallien
v. Wells Fargo Bank, No. 01-17-00590-CV, 2018 WL 1056415, at *1 (Tex. App.—
Houston [1st Dist.] Feb. 27, 2018, no pet.) (per curiam) (mem. op.) (dismissing as
moot appeal from order denying temporary injunction because parties had resolved
dispute such that no justiciable controversy remained as to injunctive relief).
PER CURIAM
Panel consists of Justices Goodman, Countiss, and Farris.
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