TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-02-00502-CV

Robert S. Howell, D.C. and First Rio Valley Medical, P.A., Appellants

v.

Texas Workers’ Compensation Commission; Envoy Medical Systems, L.L.C.; Texas Mutual Insurance Company; Continental Casualty Company; Brownsville I.S.D.; Edwards Risk Management d/b/a Edwards Claims Administration; State Office of Risk Management; Safeco Insurance Company; and American Risk Fund Insurance Company, Appellees

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 201ST JUDICIAL DISTRICT NO. GN200967, HONORABLE DARLENE BYRNE, JUDGE PRESIDING

MEMORANDUM OPINION

This is an interlocutory appeal of a temporary injunction. Final judgment has been rendered in the underlying cause, and an appeal taken from that judgment in Howell v. Texas Workers’ Compensation Commission, appellate cause number 03-03-00381-CV. Appellees request by motion that we dismiss this appeal as moot.

By separate motion, appellees move for damages and sanctions for appellants’ filing of an allegedly frivolous petition for emergency writ of prohibition. We overrule that motion.

We dismiss this appeal as moot.

Jan P. Patterson, Justice Before Chief Justice Law, Justices Kidd and Patterson Dismissed as Moot Filed: August 29, 2003