Summary
dismissing interlocutory appeal as moot after final judgment was signed
Summary of this case from Lamell v. Indymac Mortg. Servs. F.S.Opinion
NO. 14-12-00195-CV
09-06-2012
PARHAM FAMILY LIMITED PARTNERSHIP AND VAN E. PARHAM, JR., Appellants v. DIANE MORGAN F/KA/ DIANE PARHAM, Appellee
Motion Granted; Appeal Dismissed and Memorandum Opinion filed September 6, 2012.
On Appeal from County Civil Court at Law No. 3
Harris County, Texas
Trial Court Cause No. 933543
MEMORANDUM OPINION
This interlocutory appeal is from an order signed February 20, 2012, in which the trial court granted a post-trial anti-suit temporary injunction. On August 15, 2012, appellee filed a motion to dismiss the appeal as moot. As of this date, appellants have not filed a response.
On August 8, 2012, the trial court signed a final judgment. We are prohibited from reviewing a temporary injunction that is moot because such a review would constitute an impermissible advisory opinion. Nat'l Collegiate Athletic Ass'n v. Jones, 1 S.W.3d 83, 86 (Tex.1999). When a temporary injunction becomes inoperative, the issue of its validity is moot. Id. We must dismiss the case once it becomes moot on appeal. Isuani v. Manske-sheffield Radiology Group, P.A., 802 S.W.2d 235, 236 (Tex.1991).
The order on appeal has clearly become inoperative. Any opinion regarding whether the trial court erred would therefore be advisory and without any practical legal effect. Appellee's motion is granted and the appeal is ordered dismissed.
PER CURIAM Panel consists of Justices Frost, Christopher, and Jamison.