Schweitzer, Mark S. v. Jacobs, Ron--Appeal from 334th District Court of Harris County

Dismissed and Opinion filed January 16, 2003.

In The

Fourteenth Court of Appeals

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NO. 14-02-01278-CV

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MARK S. SCHWEITZER, Appellant

V.

ROB JACOBS, Appellee

On Appeal from the 334th District Court

Harris County, Texas

Trial Court Cause No. 01-00977

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

This is an interlocutory appeal from an order on a temporary injunction signed December 3, 2002.[1] We dismiss the appeal as moot.

Following the entry of the December 3, 2002, order, the trial court entered a final judgment in this case. When the trial court enters final judgment in a case in which an appeal from an order granting or denying a temporary injunction is pending, the appeal becomes moot. Isuaniv. Manske-Sheffield Radiology Group, P.A., 802 S.W.2d 235, 236 (Tex. 1991). When a case becomes moot on appeal, the appellate court must dismiss. Id.

On December 18, 2002, notification was transmitted to all parties of the Court=s intent to dismiss the appeal as moot. See id. Appellant filed no response.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Opinion filed January 16, 2003.

Panel consists of Justices Yates, Anderson, and Frost.

[1] The order signed December 3, 2002 is entitled AOrder Clarifying Court=s Prior Injunction.@ There is a dispute as to whether this order was, in fact, a mere clarification or an order entering a new temporary injunction. Based on our disposition, it is unnecessary to make that determination.