FieldTurf USA, Inc. v. Garland Independent School District Appeal from 68th Judicial District Court of Dallas County (memorandum opinion )

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DISMISSED; Opinion Filed October 22, 2015. In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-00267-CV FIELDTURF USA, INC., Appellant V. GARLAND INDEPENDENT SCHOOL DISTRICT, Appellee On Appeal from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-15-01185 MEMORANDUM OPINION Before Justices Lang, Evans, and Whitehill Opinion by Justice Lang This is an interlocutory appeal from an order denying an application for temporary injunction seeking to enjoin the performance of a contract to replace athletic field turf at certain locations within a school district. Stating the appeal has become moot because the work appellant sought enjoined has been completed, appellee has filed an unopposed motion to dismiss. We grant the motion, vacate the trial court’s order without regard to the merits, and dismiss the case. See Speer v. Presbyterian Children’s Home & Serv. Agency, 847 S.W.2d 227, 228-229 (Tex. 1993); see also TEX. R. APP. P. 43.2(e). /Douglas S. Lang/ DOUGLAS S. LANG JUSTICE 150267F.P05 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT FIELDTURF USA, INC., Appellant No. 05-15-00267-CV On Appeal from the 68th Judicial District Court, Dallas County, Texas Trial Court Cause No. DC-15-01185. Opinion delivered by Justice Lang. Justices Evans and Whitehill participating. V. GARLAND INDEPENDENT SCHOOL DISTRICT, Appellee In accordance with this Court’s opinion of this date, we VACATE the trial court’s order on application for temporary injunction and DISMISS the case. We ORDER appellee Garland Independent School District recover its costs of this appeal from appellant FieldTurf USA, INC. Judgment entered this 22nd day of October, 2015. –3–

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