Case: 11-40773 Document: 00511787290 Page: 1 Date Filed: 03/13/2012

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED March 13, 2012

No. 11-40773 Lyle W. Cayce Clerk

FERNANDO MORALES, as Representative of Fish & Shrimp, Incorporated, doing business as Tino’s Seafood,

Plaintiff - Appellant v.

BOARD OF ADJUSTMENTS & APPEALS; PAUL FEDIGAN; JAY MITCHUM; CITY OF SOUTH PADRE ISLAND,

Defendants - Appellees

Appeal from the United States District Court for the Southern District of Texas, Brownsville 1:10-CV-76

Before JOLLY, DAVIS, and BARKSDALE, Circuit Judges.. PER CURIAM:* Disclosures at oral argument made it clear that this case is moot. Accordingly the appeal is dismissed. DISMISSED.

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.