N.W. Enterprises, Inc. d/b/a Gaslight News & Video v. City of Houston

Summary

The Fourteenth Court of Appeals dismissed an appeal from a temporary injunction that barred N.W. Enterprises from operating an adult arcade. The court held that the appeal became moot after the appellant vacated the premises and the premises were permanently enjoined from use as a sexually oriented business, making review of the temporary injunction an impermissible advisory opinion.

Holdings

1. An appeal from a temporary injunction is moot when the injunction becomes inoperative, and the appellate court must dismiss the case once it becomes moot.

Questions Presented

1. Whether the appeal from the temporary injunction became moot after the appellant vacated the premises and the temporary injunction became inoperative.
2. Whether the court could review the validity of the moot temporary injunction without issuing an impermissible advisory opinion.

Disposition

dismissed