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Bryan Collier In His Official Capacity as Exec. Dir. of the Tex. Dep't of Criminal Justice v. Mitchell

Court of Appeals of Texas, Fifth District, Dallas
Jun 4, 2024
No. 05-23-01001-CV (Tex. App. Jun. 4, 2024)

Opinion

05-23-01001-CV

06-04-2024

BRYAN COLLIER IN HIS OFFICIAL CAPACITY AS EXECUTIVE DIRECTOR OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE, Appellant v. ROBERT WAYNE MITCHELL, Appellee


On Appeal from the 298th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-23-04417

Before Justices Molberg, Nowell, and Kennedy

MEMORANDUM OPINION

ERIN A. NOWELL, JUSTICE

The trial court entered a temporary injunction, and appellant filed this interlocutory appeal. While the appeal was pending, the trial court rendered final judgment that disposed of all parties and claims in the cause below.

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). "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. Here, the trial court's final judgment in the underlying cause renders this interlocutory appeal from its order granting appellee's temporary injunction moot. See id.

We vacate the trial court's order granting the temporary injunction and dismiss this appeal as moot. See Tex. R. App. P. 43.2(e); Isuani, 802 S.W.2d at 236.

JUDGMENT

In accordance with this Court's opinion of this date, the trial court's September 26, 2023 order granting appellee's application for temporary injunction is VACATED, and the appeal is DISMISSED as moot.

It is ORDERED that each party bear its own costs of this appeal.

Judgment entered this 4th day of June 2024.


Summaries of

Bryan Collier In His Official Capacity as Exec. Dir. of the Tex. Dep't of Criminal Justice v. Mitchell

Court of Appeals of Texas, Fifth District, Dallas
Jun 4, 2024
No. 05-23-01001-CV (Tex. App. Jun. 4, 2024)
Case details for

Bryan Collier In His Official Capacity as Exec. Dir. of the Tex. Dep't of Criminal Justice v. Mitchell

Case Details

Full title:BRYAN COLLIER IN HIS OFFICIAL CAPACITY AS EXECUTIVE DIRECTOR OF THE TEXAS…

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Jun 4, 2024

Citations

No. 05-23-01001-CV (Tex. App. Jun. 4, 2024)