J.K. Ivey v. Todd Marquardt Law Firm Appeal from 288th Judicial District Court of Bexar County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-19-00208-CV J.K. IVEY, Appellant v. TODD MARQUARDT LAW FIRM and Shumway Van Law Firm, Appellees From the 288th Judicial District Court, Bexar County, Texas Trial Court No. 2018CI24208 Honorable Monique Diaz, Judge Presiding PER CURIAM Sitting: Luz Elena D. Chapa, Justice Irene Rios, Justice Liza A. Rodriguez, Justice Delivered and Filed: May 13, 2020 DISMISSED AS MOOT This is an interlocutory appeal from the trial court’s March 19, 2019 order issuing a temporary injunction. In his brief, Appellant J. K. Ivey complains that the trial court erred in issuing the temporary injunction. Recently, Appellee Shumway Van filed a copy of the trial court’s January 8, 2020 Agreed Order Vacating Injunction, which vacated its March 19, 2019 temporary injunction. Because it appeared that this appeal was now moot, we ordered appellant to show cause why this appeal should not be dismissed as moot. See TEX. R. APP. P. 42.3(a), (c), 43.2(f); see also McDowell v. McDowell, No. 02-16-00038-CV, 2016 WL 4141029, at *2 (Tex. App.—Fort Worth 04-19-00208-CV Aug. 4, 2016, no pet.) (mem. op.) (dismissing appeal as moot because temporary injunction at issue had been vacated by trial court); Momentum Capital Funding, LLC v. Dill, No. 04-16-00039CV, 2016 WL 3031059, at *1 (Tex. App.—San Antonio May 25, 2016, no pet.) (mem. op.) (same). In response to our show cause order, appellant filed a “Consent to Dismissal,” agreeing that the temporary injunction that formed the basis of this appeal has been vacated and there is no live controversy between the parties. We therefore dismiss this appeal as moot. PER CURIAM -2-

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