Ranchos Real Developers, Inc. v. The County of El Paso and Catalina Development, Inc. and David Escobar, Trustee--Appeal from 171st District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

RANCHOS REAL DEVELOPERS, INC.,

Appellant,

v.

THE COUNTY OF EL PASO, CATALINA DEVELOPMENT, INC., AND DAVID ESCOBAR, TRUSTEE,

Appellees.

No. 08-04-00014-CV

Appeal from the

171st District Court

of El Paso County, Texas

(TC#2003-5550)

MEMORANDUM OPINION

This is an interlocutory appeal from the denial of a temporary injunction to prevent the sale of certain real property. Ranchos Real Developers, Inc. v. County of El Paso, No. 08-04-00014-CV, 2004 WL 868494, at *1 (Tex. App.--El Paso April 22, 2004, no pet. h.). We previously issued a stay of all proceedings related to the property and ordered Appellant to post security to secure the stay. Id. 2004 WL 868494, at *1, *5. On May 24, 2004, Appellant notified the Court that it had decided not to post security. Accordingly, on May 28, 2004, we lifted the stay. Appellees have now filed a motion to dismiss the appeal as moot. A deed and an affidavit stating that the property has been sold are attached to the motion.

We agree with Appellees that the sale of the property renders the trial court s denial of the temporary injunction moot and deprives this Court of jurisdiction over this appeal. Id. 2004 WL 868494, at *3; Pope v. City of Dallas, 636 S.W.2d 244, 247 (Tex. App.--El Paso 1982, no writ). Therefore, the motion to dismiss appeal as moot is granted and all orders pertaining to the request for a temporary injunction are set aside and that portion of the case, including this appeal, is dismissed. See Tex. R. App. P. 42.3(a); Isuani v. Manske-Sheffield Radiology Group, 802 S.W.2d 235, 236 (Tex. 1991); Guajardo v. Alamo Lumber Co., 159 Tex. 225, 226, 317 S.W.2d 725, 726 (1958). Costs are assessed against Appellant.

SUSAN LARSEN, Justice

June 24, 2004

Before Panel No. 1

Larsen, McClure, and Chew, JJ.