TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-99-00466-CV

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LEB Affordable Housing Corporation and Leonard E. Briscoe, Appellants

v.

Texas Department of Housing and Community Affairs, Marsha L. Williams, C. Kent Conine, Donald R. Bethel, Michael E. Jones, James A. Daross, Margie Bingham,

Robert Brewer, Lydia Saenz, and Florita Bell Griffin, Appellees

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FROM THE DISTRICT COURT OF TRAVIS COUNTY, 98TH JUDICIAL DISTRICT

NO. 99-08740, HONORABLE JOHN K. DIETZ, JUDGE PRESIDING

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This is an interlocutory appeal arising from a district-court order denying issuance of a temporary injunction. See Tex. Civ. Prac. & Rem. Code § 51.014(a)(4) (West Supp. 2000). Appellees have filed a motion to dismiss the appeal for the reason that the district court has rendered a final judgment in this case. Appellants acknowledge the district court's final judgment and do not oppose the dismissal of the appeal.

"If, while on appeal of the granting or denying of the temporary injunction, the trial court renders final judgment, the case on appeal becomes moot." Isuani v. Manske-Sheffield Radiology Group, P.A., 802 S.W.2d 235, 236 (Tex. 1991); see also Save Our Springs Alliance, Inc. v. Austin ISD, 973 S.W.2d 378, 384 (Tex. App.--Austin 1998, no pet.). Because there has

been a final judgment on the merits, appellees' motion to dismiss is granted and the appeal is dismissed as moot. See Isuani, 802 S.W.2d at 237 (court of appeals should dismiss appeal as moot as soon as it learns of trial court's final judgment on merits).

Lee Yeakel, Justice

Before Chief Justice Aboussie, Justices B. A. Smith and Yeakel

Appeal Dismissed as Moot on Appellees' Motion

Filed: March 2, 2000

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