Air Drilling Associates, Inc. v. Mike Vander Staak

Summary

The Texas First Court of Appeals dismissed Air Drilling Associates, Inc.'s interlocutory appeal concerning a temporary injunction as moot because the trial court entered a final judgment in the underlying case. The court vacated the temporary-injunction order and dismissed any other pending motions as moot.

Holdings

1. When a trial court renders and signs final judgment while an appeal from an interlocutory temporary-injunction order is pending, the interlocutory appeal becomes moot and must be dismissed for lack of jurisdiction.
2. When the appeal becomes moot, the appellate court must set aside or vacate the prior orders pertaining to the temporary injunction and dismiss the appeal.

Questions Presented

1. Whether the entry of final judgment in the underlying case rendered the pending interlocutory appeal from the temporary-injunction order moot.
2. Whether the appellate court should vacate the temporary-injunction order and dismiss the appeal for lack of jurisdiction.

Disposition

dismissed