Lloyd Mark Sutton (a/k/a Mark Sutton) v. Lloyd P. Sutton, Daniel C. Sutton, Paula L. White, and Bob Day--Appeal from County Court at Law No. 2 of Wichita County

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-05-052-CV

LLOYD MARK SUTTON APPELLANT

A/K/A MARK SUTTON

V.

LLOYD P. SUTTON, DANIEL C. APPELLEES

SUTTON, PAULA L. WHITE, AND

BOB DAY

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FROM COUNTY COURT AT LAW NO. 2 OF WICHITA COUNTY

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MEMORANDUM OPINION 1

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Appellant Lloyd Mark Sutton perfected this interlocutory appeal from the trial court s rulings granting a temporary injunction in favor of Lloyd P. Sutton, Daniel C. Sutton, Paula L. White, and Bob Day (collectively Appellees) and refusing his request for a temporary injunction. See Tex. Civ. Prac. & Rem. Code Ann. 51.014(a)(4) (Vernon 1997). On July 22, 2005, during the pendency of this appeal, the trial court signed a final judgment, disposing of all claims and all parties. See id. 51.014(b). On July 28, 2005, in light of the trial court s final judgment, Appellees filed a motion to dismiss this interlocutory appeal as moot.

A justiciable controversy must exist between the parties at every stage of the legal proceedings, including the appeal. Williams v. Lara, 52 S.W.3d 171, 184 (Tex. 2001). Accordingly, if a controversy ceases to exist the issues presented are no longer 'live' or the parties lack a legally cognizable interest in the outcome the case becomes moot. Id. (quoting Murphy v. Hunt, 455 U.S. 478, 481, 102 S. Ct. 1181, 1183 (1982)); see also Isuani v Manske-Sheffield Radiology Group, P.A., 802 S.W.2d 235, 236 (Tex. 1991). If a case becomes moot, the parties lose their standing to maintain their claims. Williams, 52 S.W.3d at 184.

The trial court s final judgment renders the issues presented in this interlocutory appeal moot. Accordingly, we grant Appellees motion and dismiss the interlocutory appeal as moot.

SUE WALKER

JUSTICE

PANEL A: CAYCE, C.J.; WALKER, J.; and SAM J. DAY, J. (Retired, Sitting by Assignment).

DELIVERED: August 18, 2005

NOTES

1. See Tex. R. App. P. 47.4.