Opinion
NUMBER 13-15-00620-CV
05-11-2017
RED DOT BUILDING SYSTEMS, INC., Appellant, v. RIGNEY CONSTRUCTION & DEVELOPMENT, LLC Appellees.
On appeal from the County Court at Law No. 7 of Hidalgo County, Texas.
MEMORANDUM OPINION
Before Justices Contreras, Benavides, and Longoria
Memorandum Opinion Per Curiam
This interlocutory appeal arises out of the trial court's granting of appellee Rigney Construction & Development, LLC's ("Rigney") application for an anti-suit injunction against appellant Red Dot Building Systems, Inc. ("Red Dot"). On February 9, 2016, in the interest of judicial economy, this Court abated the present appeal to await a decision from the Texas Supreme Court regarding a related mandamus proceeding regarding whether the underlying proceedings in the trial court should be abated pending resolution of a separate, prior lawsuit filed in Henderson County between the parties.
On December 2, 2016, the Texas Supreme Court granted Red Dot's request for mandamus relief and held that the trial court in the present cause should have granted Red Dot's plea in abatement and ordered the trial court to vacate the anti-suit injunction relevant to this appeal. See In re Red Dot Bldg. Sys. Inc., 504 S.W.3d 320, 324 (Tex. 2016).
On March 17, 2017, Red Dot filed a letter brief with this Court asserting that in light of the Texas Supreme Court's opinion, as well as the trial court's subsequent entry of orders pursuant to that opinion, the issues it raised in its interlocutory appeal have been resolved, their appeal is moot, and requests that we dismiss the appeal.
This Court has the authority to dismiss an appeal if there is no longer an issue in controversy. See Heckman v. Williamson Cnty., 369 S.W.3d 137, 154 (Tex. 2012); Tex. A&M Univ.-Kingsville v. Yarbrough, 347 S.W.3d 289, 291 (Tex. 2011). The Court, having considered the record and Red Dot's March 17, 2017 letter brief, is of the opinion that Red Dot's motion to dismiss should be granted because there is no longer an issue in controversy. See TEX. R. APP. P. 42.1(a). Red Dot's motion to dismiss is granted and the appeal is hereby DISMISSED. Any pending motions are likewise DISMISSED.
PER CURIAM Delivered and filed the 11th day of May, 2017.