Beecher Baucom v. Hazel Baucom Crews--Appeal from 19th District Court of McLennan County

IN THE

TENTH COURT OF APPEALS

No. 10-90-190-CV

BEECHER BAUCOM,

Appellant

v.

HAZEL BAUCOM CREWS,

Appellee

From the 19th District Court

McLennan County, Texas

Trial Court # 90-3145-1

O P I N I O N

This is an appeal from the granting of a temporary injunction. Beecher Baucom, appellant, and Hazel Baucom Crews, appellee, were divorced in July 1989. As part of the marital property division, Baucom executed an $80,000 note payable to Crews in $300 monthly installments. Baucom ceased making payments on the note after April 1990, and Crews filed a suit on the note in September 1990. On the same day, Crews filed an application for a temporary injunction to prevent Baucom from transferring or removing funds or property in his possession. The court granted the temporary injunction on October 15, 1990.

Baucom alleged that a $4,000 payment made to Crews in January 1990 satisfied his obligation on the note through April 1991. He complains that, because the installment payments were current in October 1990, the court erred in granting the temporary injunction.

While the temporary injunction was pending in this court on appeal, the main case was tried on the merits. The trial court rendered final judgment on the note on March 11, 1991. The judgment awarded Crews the principal amount due, attorney's fees, costs, and post-judgment interest. Baucom's motion for new trial was overruled by operation of law seventy-five days after the judgment was entered, and the trial court's plenary power expired thirty days later. See Tex. R. Civ. P. 329b(c), (e).

If while on the appeal of the granting or denying of a temporary injunction the trial court renders a final judgment, the case on appeal becomes moot. Isuani v. Manske-Sheffield Radiology Group, P.A., 802 S.W.2d 235, 236 (Tex. 1991). When a case becomes moot on appeal, all previous orders pertaining to the temporary injunction should be set aside by the appellate court and the case dismissed. Id. In Isuani, the trial court rendered a final judgment granting a permanent injunction. Id. Baucom attempts to distinguish Isuani because the judgment in the present case did not make any findings pertaining to the temporary injunction, nor did it grant a permanent injunction. However, when a judgment is rendered after a trial on the merits, it is presumed for appeal purposes that the trial court disposed of all issues made by the pleadings. Houston Health Clubs, Inc. v. First Court of Appeals, 722 S.W.2d 692, 693 (Tex. 1986). The temporary injunction issued by the trial court states that it "shall be in effect until further order of this Court." The final judgment rendered after the bench trial is an order of the trial court which presumptively disposes of the temporary injunction.

Accordingly, we have determined that this appeal is moot. The order of the trial court granting the temporary injunction is vacated and set aside, and the proceeding, insofar as it relates to the matter of a temporary injunction, is dismissed without prejudice to the rights of the parties as set forth in the final judgment.

BOBBY L. CUMMINGS

Justice

Before Chief Justice Thomas,

Justice Cummings and

Justice Vance

Dismissed

Opinion delivered and filed October 16, 1991

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