Fite v. Port City State Bank
Fite v. Port City State Bank
Opinion of the Court
Appellee, Port City State Bank, moves to dismiss this interlocutory appeal of the denial of appellant’s application for a temporary injunction as moot. The injunction was sought to restrain appellee bank from disposing of appellant’s automobile in a non-judicial foreclosure sale.
Appellee by virtue of a security agreement had a security interest in appellant’s vehicle. Appellee previously sought a writ of sequestration alleging appellant was in default on the payment. The writ was denied as appellee misdescribed the automobile in question. Approximately eighteen months later appellee caused the automobile to be repossessed and appellant sought a temporary injunction to restrain any non
Texas courts have consistently held that an appeal of the denial of a temporary injunction to restrain the sale of property becomes moot where the property is sold bona fide before there is an adjudication of the appeal. Service Finance Corporation v. Grote, 133 Tex. 606, 131 S.W.2d 93 (Tex. Comm’n App.1939, opinion adopted); State v. Jackson, 101 S.W.2d 346 (Tex.Civ.App.—Austin 1937, no writ); Prince v. North State Bank, 425 S.W.2d 476 (Tex.Civ.App.—Amarillo 1968, no writ); South Padre Development Co., Inc. v. Texas Commerce Bank National Association, 538 S.W.2d 475 (Tex.Civ.App.—Corpus Christi 1976, no writ). “A cause becomes moot when the appellate court’s judgment cannot have any practical legal effect upon a then existing controversy . . . ” 538 S.W.2d at 479. The subject matter of this appeal has ceased to exist. No order of this court could be made which would grant any effective relief regarding the order appealed from. Appellee’s motion is granted and this cause is dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.