Manassas Travel, Inc. v. N & N Travel and Tours, Inc.--Appeal from County Court at Law No 7 of Bexar County

MEMORANDUM OPINION

No. 04-06-00071-CV

MANASSAS TRAVEL, INC.,

Appellant
v.
N&N TRAVEL AND TOURS, INC.,

Appellee
From the County Court at Law No. 7, Bexar County , Texas

Trial Court No. 284450

Honorable Irene Rios, Judge Presiding

PER CURIAM

Sitting: Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Rebecca Simmons, Justice

Delivered and Filed: July 26, 2006

APPEAL DISMISSED AS MOOT

Appellant filed a notice of appeal, complaining of a temporary injunction granted on January 25, 2006. While this appeal from the trial court's granting of the temporary injunction was pending, a bench trial was held on appellee's motion for default judgment. On March 9, 2006, the trial court rendered a default judgment, awarding damages in favor of appellee and striking all of appellant's pleadings. An appeal from that judgment is currently pending before this court in a separate cause number. On June 21, 2006, appellee filed a motion to dismiss this appeal as moot, and appellant was ordered to file a response. Appellant has responded and does not disagree that the appeal is moot.

"If, 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." Isuani v. Manske-Sheffield Radiology Group, P.A., 802 S.W.2d 235, 236 (Tex. 1991) (per curiam). Because the trial court here has entered final judgment in the underlying litigation, this appeal relating to the granting of the temporary injunction is moot. Appellee's motion to dismiss is granted, and appellant's appeal of the trial court's granting of appellee's Application for Temporary Injunction is hereby dismissed as moot.

Costs of appeal are taxed against appellant.

PER CURIAM