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Norton v. Cam Tu Phan

Court of Appeals of Texas, Third District, Austin
Jan 27, 2022
No. 03-21-00603-CV (Tex. App. Jan. 27, 2022)

Opinion

03-21-00603-CV

01-27-2022

Robert Norton, Appellant v. Cam Tu Phan, Appellee


FROM THE 368TH DISTRICT COURT OF WILLIAMSON COUNTY NO. 20-1075-C368, THE HONORABLE RICK J. KENNON, JUDGE PRESIDING

Before Justices Goodwin, Baker, and Triana

MEMORANDUM OPINION

Gisela D. Triana, Justice.

On November 24, 2021, appellant Robert Norton filed a notice of appeal from the trial court's November 19, 2021 order granting a temporary injunction. The Court has been notified by supplemental clerk's record that the trial court signed a "Final Judgment and Permanent Injunction" on December 17, 2021. Accordingly, appellant's accelerated appeal from the trial court's interlocutory order granting a temporary injunction is now moot. See Isuani v. Manske-Sheffield Radiology Group, P.A., 802 S.W.2d 235, 236 (Tex. 1991) ("If, while on the appeal of the granting or denying of the temporary injunction, the trial court renders final judgment, the case on appeal becomes moot."). We are required to set aside all previous orders pertaining to the temporary injunction and dismiss the appeal from the temporary injunction after it has been rendered moot by a final judgment "to prevent premature review of the merits of the case." Id. 1

After an initial review, the Clerk of this Court sent appellant a letter informing him that the Court appears to lack jurisdiction over the appeal for the reasons stated above and requesting a response informing us of any basis that exists for jurisdiction. To date, no response has been filed. Accordingly, we set aside our previous order staying the temporary injunction, and we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).

Dismissed for Want of Jurisdiction. 2


Summaries of

Norton v. Cam Tu Phan

Court of Appeals of Texas, Third District, Austin
Jan 27, 2022
No. 03-21-00603-CV (Tex. App. Jan. 27, 2022)
Case details for

Norton v. Cam Tu Phan

Case Details

Full title:Robert Norton, Appellant v. Cam Tu Phan, Appellee

Court:Court of Appeals of Texas, Third District, Austin

Date published: Jan 27, 2022

Citations

No. 03-21-00603-CV (Tex. App. Jan. 27, 2022)

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See Isuani v. Manske-Sheffield Radiology Group, P.A., 802 S.W.2d 235, 236 (Tex. 1991) ("If, while on the…