Opinion
01-22-00277-CV
09-29-2022
CARL JOINER, Appellant v. MATT WIGGINS, Appellee
On Appeal from the 405th District Court Galveston County, Texas Trial Court Case No. 21-CV-2082
Panel consists of Justices Goodman, Countiss, and Farris.
MEMORANDUM OPINION
PER CURIAM
Appellant Carl Joiner filed this interlocutory appeal seeking review of the trial court's order refusing his request for the entry of a temporary injunction requiring removal of allegedly defamatory billboards and signs. See Tex. Civ. Prac. & Rem. Code § 51.014(a)(4) (allowing appeal from refusal to grant temporary injunction).
Joiner has now filed a motion to dismiss his appeal on the ground of mootness because the billboards and signs at issue have been removed. See Tex. R. App. P. 42.1(a)(1) (providing that appellant may dismiss appeal so long as dismissal does not prevent a party from seeking relief to which it otherwise would be entitled).
Joiner's underlying claim for defamation remains pending in the trial court.
Appellee Matt Wiggins has not filed a response opposing dismissal.
We grant Joiner's motion and dismiss the appeal as moot. See Tex. R. App. P. 43.2(f) (court of appeals may render judgment dismissing appeal); see, e.g., Gallien v. Wells Fargo Bank, No. 01-17-00590-CV, 2018 WL 1056415, at *1 (Tex. App.- Houston [1st Dist.] Feb. 27, 2018, no pet.) (per curiam) (mem. op.) (dismissing as moot appeal from order denying temporary injunction because parties had resolved dispute such that no justiciable controversy remained as to injunctive relief).