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