Charles Breithaupt, in his Official Capacity as Executive Director of the University Interscholastic League; Tony Timmons, in his Official Capacity as Director of the Sports Officials Program of the University Interscholastic League, et al. v. Southwest Officials Association, Inc. d/b/a Texas Association of Sports OfficialsAppeal from 126th District Court of Travis County (memorandum opinion )

Annotate this Case
Download PDF
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-11-00265-CV Charles Breithaupt, in his Official Capacity as Executive Director of the University Interscholastic League; Tony Timmons, in his Official Capacity as Director of the Sports Officials Program of the University Interscholastic League; Rick Reedy, Curtis Culwell, Greg Poole, and Mark Henry in their Official Capacities as Members of the University Interscholastic League Legislative Council, Appellants v. Southwest Officials Association, Inc. d/b/a Texas Association of Sports Officials, Appellee FROM THE DISTRICT COURT OF TRAVIS COUNTY, 126TH JUDICIAL DISTRICT NO. D-1-GN-10-003159, HONORABLE ORLINDA NARANJO, JUDGE PRESIDING MEMORANDUM OPINION Appellants and appellee have filed a joint motion to dismiss this appeal, explaining that recent legislation has mooted the legal questions at issue in this case. We grant the motion to dismiss this appeal. See Tex. R. App. P. 42.1(a). In addition to the motion to dismiss, the appellee filed an agreed motion to dismiss a related mandamus as well as the injunction that this Court issued in that proceeding. See In re Texas Ass n of Sports Officials, No. 03-11-00269-CV, 2011 Tex. App. LEXIS 3455 (Tex. App. Austin May 6, 2011, orig. proceeding) (mem. op.). The related mandamus became final in May 2011 when we issued our opinion, and the opinion specified that the injunction would be active pending the disposition of the current appeal. Having dismissed the current appeal, the injunction from the related mandamus is dissolved as per the language of the opinion issued May 6, 2011. __________________________________________ David Puryear, Justice Before Justices Puryear, Henson, and Goodwin Justice Henson not participating Dismissed on Joint Motion Filed: July 3, 2013 2