Court of Appeals of Texas, 2012

Parham Family Limited Partnership and Van E. Parham, Jr. v. Diane Morgan F/ka/ Diane Parham

Parham Family Limited Partnership and Van E. Parham, Jr. v. Diane Morgan F/ka/ Diane Parham
Court of Appeals of Texas · Decided September 6, 2012
Parham Family Limited Partnership and Van E. Parham, Jr. v. Diane Morgan F/ka/ Diane Parham

Opinion

Motion Granted; Appeal Dismissed and Memorandum Opinion filed September 6, 2012.

In The

Fourteenth Court of Appeals

NO. 14-12-00195-CV

PARHAM FAMILY LIMITED PARTNERSHIP AND VAN E. PARHAM, JR., Appellants

V.

DIANE MORGAN F/KA/ DIANE PARHAM, Appellee

On Appeal from County Civil Court at Law No. 3 Harris County, Texas

Trial Court Cause No. 933543

MEMORANDUM OPINION

This interlocutory appeal is from an order signed February 20, 2012, in which the trial court granted a post-trial anti-suit temporary injunction. On August 15, 2012, appellee filed a motion to dismiss the appeal as moot. As of this date, appellants have not filed a response.

On August 8, 2012, the trial court signed a final judgment. We are prohibited from reviewing a temporary injunction that is moot because such a review would constitute an impermissible advisory opinion. Nat'l Collegiate Athletic Ass'n v. Jones, 1 S.W.3d 83, 86 (Tex. 1999). When a temporary injunction becomes inoperative, the issue of its validity is moot. Id. We must dismiss the case once it becomes moot on appeal. Isuani v. Manske-sheffield Radiology Group, P.A.,, 802 S.W.2d 235, 236 (Tex. 1991).

The order on appeal has clearly become inoperative. Any opinion regarding whether the trial court erred would therefore be advisory and without any practical legal effect. Appellee's motion is granted and the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Frost, Christopher, and Jamison.

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