Mark Smith v. James T. Sierra, Joy Weber, Kimberly Reedy, Sierra Cosmetic and Family Denistry, P.C. D/B/A Friendswood Dental Group, and Michael O’Donnell

Summary

The First District Court of Appeals of Texas dismissed Mark Smith’s interlocutory appeal from the denial of a temporary injunction as moot. The trial court had entered a final judgment in the underlying case while the appeal was pending, so the appellate court vacated the temporary-injunction order and dismissed the appeal for lack of jurisdiction.

Holdings

1. When a trial court renders and signs a final judgment while an appeal from an interlocutory temporary-injunction order is pending, the final judgment moots the interlocutory appeal.
2. When the temporary-injunction appeal becomes moot because of a final judgment, the appellate court must set aside or vacate the prior temporary-injunction order and dismiss the appeal.

Questions Presented

1. Whether a final judgment in the underlying case rendered moot the pending interlocutory appeal from the denial of a temporary injunction.
2. Whether the court of appeals should vacate the trial court’s temporary-injunction order and dismiss the appeal for lack of jurisdiction.

Disposition

vacated