Final judgment moots appeal of temporary injunction

Third Court of Appeals dismisses interlocutory appeal of temporary injunction after entry of final order granting permanent injunction.

Walter Lee Hall, Jr.; KWI Legal Defense Fund; and KWI Communications LLC d/b/a KWI Hold,
No. (Tex.App.- Austin, Dec. 13, 2007)(Opinion by Justice Puryear )(temporary injuction interlocutory appeal) (Before Justices Patterson, Puryear and Pemberton)
Appeal from 53rd District Court of Travis County
Disposition: Dismissed for want of jurisdiction (DWOJ)


FROM THE DISTRICT COURT OF TRAVIS COUNTY, 53RD JUDICIAL DISTRICT
NO. D-1-GN-07-001548, HONORABLE STEPHEN YELENOSKY, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

Appellants filed an appeal from the trial court's granting of a temporary injunction in favor of appellee. Appellee has since filed a motion to dismiss the appeal, attaching a copy of a final judgment signed by the trial court on September 14, 2007, imposing a permanent injunction against appellants and terminating the temporary injunction at issue in this appeal. The supreme court has held that "[i]f, while on the appeal of the granting or denying of the temporary injunction, the trial court renders final judgment, the case on appeal becomes moot. When a case becomes moot on appeal, all previous orders pertaining to the temporary injunction are set aside by the appellate court and the case is dismissed." Isuani v. Manske-Sheffield, 802 SW2d 235, 236 (Tex. 1991) (citations omitted).

We therefore dismiss the appeal for want of jurisdiction. Tex. R. App. P. 42.3(a).
__________________________________________
David Puryear, Justice
Before Justices Patterson, Puryear and Pemberton
Dismissed for Want of Jurisdiction
Filed: December 13, 2007