From Casetext: Smarter Legal Research

Ivey v. Todd Marquardt Law Firm

Fourth Court of Appeals San Antonio, Texas
May 13, 2020
No. 04-19-00208-CV (Tex. App. May. 13, 2020)

Opinion

No. 04-19-00208-CV

05-13-2020

J.K. IVEY, Appellant v. TODD MARQUARDT LAW FIRM and Shumway Van Law Firm, Appellees


MEMORANDUM OPINION

From the 288th Judicial District Court, Bexar County, Texas
Trial Court No. 2018CI24208
Honorable Monique Diaz, Judge Presiding PER CURIAM Sitting: Luz Elena D. Chapa, Justice Irene Rios, Justice Liza A. Rodriguez, Justice DISMISSED AS MOOT

This is an interlocutory appeal from the trial court's March 19, 2019 order issuing a temporary injunction. In his brief, Appellant J. K. Ivey complains that the trial court erred in issuing the temporary injunction. Recently, Appellee Shumway Van filed a copy of the trial court's January 8, 2020 Agreed Order Vacating Injunction, which vacated its March 19, 2019 temporary injunction. Because it appeared that this appeal was now moot, we ordered appellant to show cause why this appeal should not be dismissed as moot. See TEX. R. APP. P. 42.3(a), (c), 43.2(f); see also McDowell v. McDowell, No. 02-16-00038-CV, 2016 WL 4141029, at *2 (Tex. App.—Fort Worth Aug. 4, 2016, no pet.) (mem. op.) (dismissing appeal as moot because temporary injunction at issue had been vacated by trial court); Momentum Capital Funding, LLC v. Dill, No. 04-16-00039-CV, 2016 WL 3031059, at *1 (Tex. App.—San Antonio May 25, 2016, no pet.) (mem. op.) (same). In response to our show cause order, appellant filed a "Consent to Dismissal," agreeing that the temporary injunction that formed the basis of this appeal has been vacated and there is no live controversy between the parties.

We therefore dismiss this appeal as moot.

PER CURIAM


Summaries of

Ivey v. Todd Marquardt Law Firm

Fourth Court of Appeals San Antonio, Texas
May 13, 2020
No. 04-19-00208-CV (Tex. App. May. 13, 2020)
Case details for

Ivey v. Todd Marquardt Law Firm

Case Details

Full title:J.K. IVEY, Appellant v. TODD MARQUARDT LAW FIRM and Shumway Van Law Firm…

Court:Fourth Court of Appeals San Antonio, Texas

Date published: May 13, 2020

Citations

No. 04-19-00208-CV (Tex. App. May. 13, 2020)