Opinion
Appellate case number: 01-16-00264-CV
08-29-2016
Daniel Hearn, individually and as agent for his father, Richard F. Hearn v. Amy Eskelund
ORDER Trial court case number: 446,788 Trial court: Probate Court No 3 of Harris County
In her brief on appeal, appellee Amy Eskelund has urged this court to dismiss this appeal as moot arguing that both parties seek the dissolution of the temporary injunction in the trial court. No separate motion to dismiss has been filed in this court.
Despite the fact that appellee's brief has been on file for over three months, nothing in the appellate record indicates that the trial court has ruled on the motion to dissolve the temporary injunction.
This case has been set for submission without oral argument on September 20, 2016. Both parties to this appeal are ordered to notify this court immediately if the motion to dissolve the temporary injunction is submitted to the trial court for a ruling, as well as any ruling that impacts this court's jurisdiction over this appeal. In the event of a ruling on the motion to dissolve the temporary injunction, the parties are further ordered to file a supplemental clerk's record including any such order within three days.
It is so ORDERED. Judge's signature: /s/ Michael Massengale
[v] Acting individually [ ] Acting for the Court Date: August 29, 2016