Unreported / Non-Citable
Background
Evermore Properties, LLC filed an interlocutory appeal from a temporary injunction entered in favor of Impact Houston Church of Christ by the 80th District Court of Harris County.
While the appeal was pending, the trial court dissolved the temporary injunction. Impact Houston then filed an unopposed motion to dismiss the appeal as moot.
The Court’s Holding
The Texas First Court of Appeals held that the trial court’s dissolution of the temporary injunction rendered Evermore’s interlocutory appeal moot.
Because no live controversy concerning the injunction remained, the appellate court granted Impact Houston’s motion and dismissed the appeal for lack of subject-matter jurisdiction under Texas Rule of Appellate Procedure 43.2(f).
Key Takeaways
- An interlocutory appeal challenging a temporary injunction becomes moot when the trial court dissolves that injunction.
- A moot appeal presents no live controversy for an appellate court to decide.
- The court dismissed the appeal for lack of subject-matter jurisdiction, and the dismissal motion was unopposed.
Why It Matters
The decision underscores that appellate review of temporary injunctive relief depends on the challenged injunction remaining in effect. Once the trial court dissolved the injunction, the appellate court could no longer grant meaningful relief regarding that order.