Barbara Schulze v. EMC Mortgage Corporation--Appeal from 73rd Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-08-00010-CV

Barbara SCHULZE,

Appellant

v.

EMC MORTGAGE CORPORATION,

Appellee

From the 73rd Judicial District Court, Bexar County, Texas

Trial Court No. 2007-CI-18007

Honorable Martha Tanner, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Rebecca Simmons, Justice

Steven C. Hilbig, Justice

Delivered and Filed: May 21, 2008

MOTION TO DISMISS GRANTED

This is an interlocutory appeal from a trial court order denying a temporary injunction. Because the property in dispute in this appeal was sold at foreclosure, we dismiss the appeal as moot.

Appellant Barbara Schulze sued Appellee EMC Mortgage Corporation ( EMC ) seeking injunctive relief to prevent EMC from foreclosing on a note and deed of trust. The trial court entered a temporary restraining order prohibiting EMC from conducting a foreclosure sale and set a hearing on Schulze s application for a temporary injunction. After that hearing, the trial court entered an order denying Schulze s request for injunctive relief.

Schulze filed a notice of appeal with this Court but did not post a supersedeas bond. On February 5, 2008, EMC foreclosed on the note and deed of trust and purchased the property. EMC filed a motion requesting that this Court dismiss Schulze s appeal because the sale of the property in dispute renders the appeal moot.

It is well settled in Texas that when foreclosure occurs after an appeal of a denial of a temporary injunction sought to prevent the sale of the property in dispute, the appeal becomes moot. Serv. Fin. Corp. v. Grote, 133 Tex. 606, 131 S.W.2d 93 (1939); Ranchos Real Developers, Inc. v. County of El Pas o, No. 08-04-00014-CV, 2004 WL 1427376, at *1 (Tex. App. El Paso June 24, 2004, no pet.); Fite v. Port City State Bank, 582 S.W.2d 210, 211 (Tex. Civ. App. Houston [1st Dist.] 1987, no writ). EMC s foreclosure on the note and deed of trust rendered the trial court order denying a temporary injunction moot and deprives this Court of subject matter jurisdiction over this appeal. Accordingly, EMC s motion to dismiss is granted.

PER CURIAM