Court of Civil Appeals of Texas, 2009

Edward Ferro, Edward Orechia v. Arthur Dinicolantonio and Stephen Dinicolantonio

Edward Ferro, Edward Orechia v. Arthur Dinicolantonio and Stephen Dinicolantonio
Court of Civil Appeals of Texas · Decided July 23, 2009

Edward Ferro, Edward Orechia v. Arthur Dinicolantonio and Stephen Dinicolantonio

Opinion

Opinion issued July 23, 2009

Opinion issued July 23, 2009

 

 

 

 

 

 

 

 

 

In The

Court of Appeals

For The

First District of Texas

 

 


NO.   01-08-00744-CV

 

 


JON EDWARD ORECHIA, Appellant

 

V.

 

ARTHUR DINICOLANTONIO and

STEPHEN DINICOLANTONIO, Appellees

 

 


On Appeal from County Court at Law No. 3

Galveston County, Texas

Trial Court Cause No. 56295

 

 


MEMORANDUM OPINION

In this appeal, appellant Jon Edward Orechia sought reversal of the trial court’s grant of a temporary injunction in favor of brothers Arthur Dinicolantonio and Stephen Dinicolantonio, appellees.  On March 5, 2009, the same date as the appeal’s submission, the Dinicolantonios moved to stay the case on the basis that a jury trial had commenced.  On March 12, 2009, the jury issued a verdict in the case. 

In their unopposed motion to dismiss, the Dinicolantonios inform the Court that the trial court has signed a final judgment.[1]  Once the trial court signed the final judgment, the temporary injunction expired and no longer exists.  Jordan v. Landry's Seafood Restaurant, Inc., 89 S.W.3d 737, 741 (Tex. App.—Houston [1st Dist.] 2002, pet denied).  The entry of final judgment thus rendered the appeal relating to the temporary injunction moot.  See Isuani v. Manske-Sheffield Radiology Group, P.A., 802 S.W.2d 235, 236 (Tex. 1991); Jordan, 89 S.W.3d at 741.

Accordingly, we grant the motion and dismiss the cause as moot.  All other pending motions are also dismissed as moot.

         

                                                PER CURIAM             

 

Panel consists of Justices Bland, Sharp, and Taft.[2]



[1] We take judicial notice of the April 20, 2009 final judgment provided with the appellees’ motion.

 

[2] Justice Tim Taft, who retired from the First Court of Appeals on June 1, 2009, continues to sit by assignment for the disposition of this case, which was submitted on March 5, 2009.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.