Opinion
No. 09-03-507 CV
Submitted on November 24, 2003.
Opinion Delivered December 18, 2003.
Original Proceeding.
Before McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.
MEMORANDUM OPINION
Dan Wright filed a petition for writ of mandamus to compel the trial court to vacate its order granting a motion to extend a second temporary restraining order. The petition contends that the trial court does not have the authority to extend an ex parte restraint order for a period of more than 28 days. See TEX. R. CIV. P. 680; In re Texas Natural Resource Conservation Comm'n, 85 S.W.3d 201, 204-05 (Tex. 2002). We stayed the trial court's order extending the temporary restraining order, and requested a response from the real party in interest, Sport Supply Group, Inc. On November 17, 2003, the trial court entered a temporary injunction. That order has been appealed separately in Appeal No. 09-03-538 CV.
The issue raised in the petition has been mooted by the entry of a temporary injunction. The temporary restraining order is no longer in effect and interlocutory appeal provides an adequate remedy for issues related to the entry of the temporary injunction. Accordingly, we do not reach the merits of the issues raised. Our stay order, entered October 29, 2003, is vacated. The relief requested in the petition for writ of mandamus is denied as moot.
WRIT DENIED.