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In re Graham

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
May 27, 2014
NO. 03-14-00281-CV (Tex. App. May. 27, 2014)

Summary

dismissing mandamus proceeding as moot when challenged temporary restraining order expired by its own term after this Court granted emergency stay and temporary restraining order had not been continued by parties' agreement or court order

Summary of this case from In re Tex. State Univ.

Opinion

NO. 03-14-00281-CV

05-27-2014

In re Patricia Lux Graham


ORIGINAL PROCEEDING FROM COMAL COUNTY


MEMORANDUM OPINION

In this original proceeding, relator Patricia Lux Graham filed a petition for writ of mandamus seeking relief from a temporary restraining order signed by the district court on May 1, 2014 (the TRO), along with an emergency motion to stay the TRO pending our disposition of her mandamus petition. We granted the emergency stay. In the interim, the TRO has expired by its own terms and was not continued either by the parties' agreement or court order, nor has any temporary injunction been issued. Accordingly, we dismiss this proceeding as moot without reaching the merits. Similarly, we express no opinion regarding the merits of the real-party-in-interest's underlying claims or of Graham's defenses, which remain pending in the trial court and can be developed more fully through further proceedings there.

__________

Bob Pemberton, Justice
Before Chief Justice Jones, Justices Pemberton and Rose


Summaries of

In re Graham

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
May 27, 2014
NO. 03-14-00281-CV (Tex. App. May. 27, 2014)

dismissing mandamus proceeding as moot when challenged temporary restraining order expired by its own term after this Court granted emergency stay and temporary restraining order had not been continued by parties' agreement or court order

Summary of this case from In re Tex. State Univ.
Case details for

In re Graham

Case Details

Full title:In re Patricia Lux Graham

Court:TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Date published: May 27, 2014

Citations

NO. 03-14-00281-CV (Tex. App. May. 27, 2014)

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